Problem landlords and rental deposit returns

690 posts in this topic

Definitely taking the piss. Do you have bank statements showing the original transfer or a copy of the contract signed by you both ?

 

Get a solicitor where you are to send a letter and i'm sure that an official response will follow.

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I always thought that landlords (by law) had to put your deposit into a special bank account in the tennants name, but held by the landlord.. (My experience is going back some years but we had 2 landlords who did this).. The landlord would have to signover the bank book over to you at the end of your rental agreement and you would get your deposit back plus interest. I guess you've never sighted such a bankbook?

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Was the deposit transferred/paid in cash to the landlord's bank account, or was it transferred/paid to a savings account in trust? Do you have any proof of payment besides the witness? Is the witness related to you? Was the deposit mentioned in the rental agreement? Was paying the deposit a requirement to receiving the keys of the apartment?

Put together any information regarding your attempts to contact the lawyer and report her to the Rechtsanwaltskammer if she refuses to deal with you.

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The deposit was paid in cash to the landlord before we signed the contract. The deposit is mentioned in the contract. No the witness is not related it was my boss who went as a guarantor. And yes paying the deposit was part of the requirement of recieving the keys.

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Hi, the deposit was paid in cash and mentioned on the contract. It was part of the agreement into getting the keys. Then signed by the landlord and I. My witness is not related to me but was my boss and went as my gaurantor. After that I was then paying the rent direct debit into my landlords bank account.

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I need help. I am renting a kitchen with my apartment. It is all in the lease. Recently the dishwasher broke for no apparent reason. So I called the landlord and told him. After a few weeks he sent over an Turkish lady which didnt do anything. A week later he brought over someone else and replaced the dishwasher. Everything was cool ... then ... I get this email about if it was my fault can I file a claim with my insurance. WHAT? My landlord seems to believe I didnt use some special salt so it broke. However I used the blue crystal stuff to keep minerals from building up. Any way long story short he replaced the dishwasher (which is his and he owns) and I dont know if I am liable for all of the undocumented workers and the dishwasher that I dont even own.

 

Any advice would be greatly welcomed.

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If your worried about not getting your rent back sign over the deposit in lue of 2-3 months rent, they get the money and you get your deposit back, works very well if your leaving the country.

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It is worth becoming a member of the Mieterverein. We benefitted immensely from membership. For the cost of membership (50 - 70 €) per year, it saved us a lot of hassle. Best of all, there are English-speaking Beraters, all of them familiar with all the issues faced by foreigners. Not surprisingly, lots of members are Germans :-))

 

Not to throw a spanner in the works.. even with Mieterverein, if you don't cancel your membership 3 months in advance, you wd be billed for the membership fee for the following year. And I won't think of taking Mieterverein to court over this ;)

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I recently moved apartment, and still one month later my deposit has not been returned.

 

The rental of the apartment was short term, and it included everything except gas and electricty, of which I have settled wih SWIM.

 

The agent indicated the landlord could withhold the deposit for 6 months, but I have not been given any reason why it is been withheld. Upon exiting the apartment, the agent indicted everything was in-order and I was given a form indicating this.

 

So what is my next step,

 

Topics merged by admin

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It can take a while for deposits to be returned by landlords. Either wait a bit more or pick up the phone and call the guy as suggested by Keydeck.

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The deposit can be withheld for example for the Betriebskostenabrechnung, but only a reasonable amount. If you have an Übergabeprotokoll stating that the apartment is in the required condition and that there are no other claims the landlord must pay back the deposit, albeit minus the said Betriebskostenabrechnung.

 

The site Internet Ratgeber Recht is very helpful, I'll give you the gist of the info regarding your case in English:

 

1. You (the lessee) are entitled to having the deposit repaid. The interest is credited to you.

2. He (the lessor) has to provide you with a compilation of deposit, interest and debits with reasons and amounts of the debits backed up with documentation.

3. Requirements for repayment:

a ) the contract is terminated, the premises have been returned.

b ) the lessor is entitled to a reasonable period of time to check any possible claims, generally 3 - 6 months; according to the case the period can be shortened or extended (verdict: BGH VIII ZR 71/05).

Important:

If the claims are presumably less than the amount to be reimbursed the lessor may withhold only a reasonable amount.

EDIT: Write a letter (Einschreiben/Rückschein) to the agent containing the above information and demand about 2/3 of the deposit. Set a deadline.

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@ sara

so are u saying that the lessee is entitled to interest from the date of rental ? If so how is this calculated ?

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It depends on how the deposit is held, but the lessor is obliged to deposit the funds where they earn interest. Generally, they are held on a separate bank account in the lessee's name but accessible only with joint signatures of lessee and lessor. The lessee is entitled to the interest accrued according to the bank's regulations. Most common nowadays is a savings account. Savings accounts are generally subject to a 3 month term of notice and a limited withdrawl of €2,000 per month.

(There are varying regulations, don't crucify me if this is not what's in your contract!)

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I need a bit of time to go through this thread, but if I do have to engage a lawyer, then I can also sue them for the lawyer's fee and other expenses related to recovering my deposit.

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Send your own letter first, if you don't get a reaction to it engage a lawyer. The landlord's refusal to act forces you to engage the lawyer thus rendering his services necessary and therefore subject to reimbursement. You have what is called Schadensminderungspflicht, the obligation to keep damages as low as possible.

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When you move in to a rented apartment with a kitchen supplied you are renting it.For the upkeep and repairs the landlord has to come up for it.

My landlord also wanted me to claim off my insurance.I think not.

If you move out and the landlord has already provided proof in writing that he is happy with it he also has to pay you your deposit back.

No matter about nebenkosten.He can write that all down by reading the clocks and work it out on previous bills what it will roughly cost.

He also has to suppy you with a photo copy of the bank account where he placed your deposit.

To save all this unhappiness if you open a Private Laibility insurance that covers any damage you, your spouse and any children under the age of 18 cause to other peoples property.Did it and got billed for the last apartment albeit only € 52 and passed this on to the insurance company, they paid me back.End of.

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