Problem landlords and rental deposit returns

690 posts in this topic

Hi,

I am moving end of March . The Heating /wasser bill for 2006 will be provided to my landlord only next year 2007, . My lanlord doesnot want to give me back the caution (1900Euros) until next year!!! because he says that the caution can be given back only once all the bills are paid! and he does not want me to pay him the 3 months based on an estimation! ..Is it legal? What can I do? any advice ?

Thanks for your help ...

 

Topics merged by admin

0

Share this post


Link to post
Share on other sites

the Kaution is not there to cover bills but to damage to the apartment. AFIK, what he is doing is illegal. He can keep the deposit for maximum 6 months after you move out. Make sure you get a reading of all meters, like heating, water, electricity etc on the day you hand over the keys.

0

Share this post


Link to post
Share on other sites

ah, i read that the landlord can keep the deposit to pay for excess electricity costs which usually come at the end of the year. however, he can get a special reading done. or you arrange it yourself. it involves reading the meter yourself.

0

Share this post


Link to post
Share on other sites

He is clearly being unreasonable: You are already paying most of the heating/water bill on an ongoing basis with your monthly Nebenkosten. Therefore, he would only need to get the excess amount for three months, which cannot be a huge sum, even with skyrocketing oil prices. Certainly only a fraction of 1,900 Euros!

 

Maybe a compromise would be to leave him a part of the deposit equal to the estimated amount plus some sort of "safety buffer" until he gets the Nebenkostenabrechnung next year. Something like 200 Euros should be more than enough for a three month period!

0

Share this post


Link to post
Share on other sites

He is entitled to hold back a certain percentage for the Nebenkostenabrechnung. Have you renovated and concluded the handover? This site covers your situation exactly:

 

"Frage: Ich habe meine Wohnung zum 31.1.2000 gekündigt. Die Übergabe erfolgte am 30.1.2000, dabei wurde mir vom Vermieter der ordnungsgemäße Zustand im Übergabeprotokoll bestätigt. Nun forderte ich von ihm schriftlich die Rückzahlung der Kaution in Höhe von DM 3.000,--. Ende Februar 2000 verweigerte mein Vermieter die Zahlung, da die Nebenkostenabrechnung für das Jahr 2000 noch nicht erstellt wurde und Nachzahlungen zu erwarten sind.

 

Antwort: Zum Teil. Der Vermieter darf die Kaution zum Teil zurückbehalten. Der zurückbehaltene Teil muß jedoch der durchschnittlichen Nachzahlungsforderung aus den vergangenen Jahren entsprechen und darf grundsätzlich nicht mehr als drei bis vier monatliche Vorauszahlungsbeträge ausmachen. Keinesfalls darf Ihr Vermieter in diesem Falle die gesamte Kaution einbehalten."

 

Partially. The landlord may partially retain the deposit. The retained amount must equal app. the average excess costs recharged for the previous years and must not amount to more than 3 to 4 months' pre-payment of utilities. In no case may the landlord retain the complete deposit.

 

Have a lawyer write a nasty letter, shouldn't cost more than € 80, and have the lawyer charge the landlord for his troubles.

0

Share this post


Link to post
Share on other sites

Can anybody recommend a lawyer for a landlord problem? Same old story, moneygrubbing dishonest landlady is hanging on to nearly 900 euros of our deposit. We should have listened to all the good advice and held on to the keys until we got it back... but nooo... we were too trusting.

 

Thanks

 

Related page: lawyers in Munich

0

Share this post


Link to post
Share on other sites

I had the same problem gills and it was only when i said i was gonna come and sit in his office till i got the money that the uberweisung was made.

 

Still took me nearly 3 months though :angry:

0

Share this post


Link to post
Share on other sites

Yes, this kaution business was surely designed to make it easy to rip people people off. It's bad news.

0

Share this post


Link to post
Share on other sites

I told the landlord I would like to leave Munich at month´s end (after finding a long-term follow-on tenant), I told him I would put an ad on TT and ... he agreed and told me how much money he wanted.

Then he came with his wife and in front of a young couple (she was from the UK but he spoke very good German) he told me that a) He wanted more money B) He would not rent the apartment for more than one year c) He did not want any English-speaking tenant (this was strange because he had at least 3 English-speaking tenants in a row).

Then he told me I should pay till the end of July (3 months´notice) because "it is more convenient for me" and give him 1000 E on top because "I am going to paint the apartment in 3 years and I will spend 2500 E).

I was lucky this young couple was there; btw the landlord refused to leave the apartment when I told him to do so because I wanted to show the common areas to the young couple.

Then he tried to find excuses to say the apartment was not in good order (it is in perfect state) and his wife opened (without permission) my fridge and my oven and put her hands inside.

I was very kind and told him I was getting angry and going to see the tenants´association; I hinted at his words and what they mean in Germany and proposed him this deal (I have more important things to do than getting involved in this shit and he has the "Kaution"):

I pay him the rent for June, give him 250 E on top and leave at month´s end. This money is taken from the "Kaution"

I have prepared a written agreement: IF he signs it I will leave the apartment, otherwise I will report everything to the police (btw, he has a copy of keys) and go legal (I am going to leave the keys to a lawyer). Too much is too much.

I forgot: he told me he is going to find a new tenant and that I must stay out of this.

The usual shit ...

 

Topics merged by admin

0

Share this post


Link to post
Share on other sites

Yes, as usual...

 

OK, the three month notice is correct and you'll have to pay the money (not if he finds a new tenant, or you find someone whom would be a suitable successor of yours). If the flat is in a bad condition, you'll have to come up for this as well, but there was just decision by the high court, that the tenant doesn't neccessarily need to renovate the flat (how long you're living there?) i.e. paint it or stuff like that. Any substantial damage, even if not inlicted by you, that you didn't point out in the "Übergabeprotokoll" (that was done when you moved into the flat) will have to be covered by you.

 

The landlord has the right to inspect his property once a year but needs to put up an appointment with the tenant. In all other situations the tenant has the domestic authority and can tell the landlord to leave the flat in case he even let him enter it. The landlord is allowed during his visit to inspect the rooms, but not to impinge the tenants privacy.

0

Share this post


Link to post
Share on other sites

More than usual ... now he says he can enter my apartment with a possible tenant when he wants (and by doing this acknowledging he has a copy of the keys).

At any rate I can´t trust him at all and so ... let´s see tomorrow when he comes with a "German" tenant (he would prefer me not to be there!), and trying to find other excuses to extort money.

But I am quite sure I will have to expel him and delegate a lawyer ... and probably inform the police he has a copy of the keys.

Shit happens!

0

Share this post


Link to post
Share on other sites

As long as you pay the rent, you have domestic authority. Nothing he can do! If he enters the apartment without your acknowledgment, you could even file a complaint for trespassing against him.

 

As I said before, he is entiteld to a inspection once a year. Everything else is on your good-will.

 

I'm not sure though on the copy of the keys, but he is definitely not entiteld to use them.

 

Just ask a lawyer, or ask at your local police station (How's your german? Get a friend going with you, just in case, who is fluent!)

0

Share this post


Link to post
Share on other sites

Change the lock. No law against that. Give him the keys to the new lock when you move out. Or keep them and the new lock and replace the old one.

Most important, look into your lease to find any clause about the landlord or his representative accessing the apartment.

0

Share this post


Link to post
Share on other sites

Thanks!

Today I will have a German friend with me when the landlord comes.

Maybe the "German" tenant will take the apartment immediately and so I will spare myself a lot of troubles, who knows.

I always was a peaceful person but I must say this guy has an excessive behaviour ... I cross my fingers.

0

Share this post


Link to post
Share on other sites

Ok just had my final inspection from my landlord and hes given me a receipt from the inital 2000€ deposit which is ok for the carpet replacement 500€ (due to a wayward skylight open during work hours) and water 400€

 

however i have been hit with a 300€ extra charge for damage to some wooden stairs outside my flat now he wasnt present when the marks appeared and i actually dont know who did them.

 

he says it was me taking the washing machine down, but to be honest i cant rememeber if it hit the stairs or not. however he has no proof that the marks are my fault

 

he brought this up and gave me the total money 960€ (+80 for the fridge) and i told him that it is not my problem and i am not paying for it. If its my problem then the 2 other couples that live on this floor must also pay 1/3 each

 

(i speak very little german and i am talking to his nephew to translate) he doesnt agree and wont pay me the extra money however he has my bank details now and said what it costs to repair will be taken out and the rest will be transferred back to my english account (i cant see this happening at all tbh)

 

he has also taken a meter reading for the electricity used and i assume he will take that out as he has now my bank details (not happy with this one either - anyway i can put an authoriastion stop on it incase he tries to take the piss?)

 

i have a copy of the signed agrement to the flat but i refused to sign the receipt for the deposit and the extra money being taken out.

i have also taken photos of these 'marks' as i completely beleive 300€ is over the top and i am getting right royally shafted

 

does anyon know what legal standing do i have regarding this money he refuses to pay out to me? and whats rights i do have.

it is not a small sum of money and is quite outrageous in my opinion for 5 small scuffs on a wooden staircase that im not sure if it was even my fault (and he cannot proove i have done them).

 

could i take this case back to my personal english solicitors also?

 

ive provided a linkto the pictures i have taken of the marks below if its any help

 

http://i96.photobucket.com/albums/l187/pac...-08-06_1732.jpg

http://i96.photobucket.com/albums/l187/pac...-08-06_1731.jpg

http://i96.photobucket.com/albums/l187/pac...-08-06_1730.jpg

http://i96.photobucket.com/albums/l187/pac...-08-06_1729.jpg

http://i96.photobucket.com/albums/l187/pac...-08-06_1728.jpg

 

any help or advice over this particular landlord shafting would be very much appreciated

 

Topics merged by admin

0

Share this post


Link to post
Share on other sites

Contact the Mietverein ASAP

 

Mieterverein München e. V.

Sonnenstr. 10, 80331 München (am Stachus)

Tel. 089/552143-0, Fax: 089/554 554,

hausmeister@mieterverein-muenchen.de

0

Share this post


Link to post
Share on other sites

Hi, I recently moved back to Ireland 1 month ago. I cant get my deposit back on my apartment. My landlord is sick and wants to sell the apartment so he handed the contract over to a lawyer to look after it. Since moving, the lawyer refuses to give us our deposit back as she says we need a receipt and that there is no proof that I payed the deposit. I have been told that my contract which I signed and the landlord signed it was the proof of deposit, I taught that was proof enough and there was a witness on my behalf and his behalf. The lawyer insists that I have no proof and cant get a penny back even though there are witnesses. Help what can I do. Also she says if I go to court I wont have a leg to stand on. She has been very uncooperative and hangs up or ignores my phone calls over the past 2 months.

 

Topics merged by admin

0

Share this post


Link to post
Share on other sites

Someone will come with some good advice but it sounds like they are trying it on. As long as you have all the paper work and if you transfered the money via your bank..there should be a enough evidence via the paper trail and the contract to prove that you are owed the money.

 

Hope someone here knows what you best course of action is...

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now