Moving out of an apartment without renovating

161 posts in this topic

Yep, and as another tip, don't spill shit on the parkett flooring. That is an expensive mistake to make (in my case 32,20€ x 26,6 square metre = 856€). :angry:

0

Share this post


Link to post
Share on other sites

Exactly YL6 and its been mentioned before but a load of clever people on this Forum opt not to get the insurance

2

Share this post


Link to post
Share on other sites

One final question. When landlords talk about "renovation" in these contracts. Do they purely mean decoration/painting? Are there other bits and pieces that are included in this definition which a layman could not ordinarily do himself?

 

I moved into the apartment 15th March 2009. I plan to move out on 31st March 2014. Therefore, I have passed the five year period when I am expected to pay anything right? Assuming of course I paint the walls back to white (my wife altered the white walls to suit her when we moved in).

 

Thanks,

Dave

 

 

0

Share this post


Link to post
Share on other sites

Decoration/renovation is supposed to be done "fachgerecht" - professionally - to bring the property pretty much back to the appearance when you moved in. That doesn't mean you can't do it yourself, it just means you have to do it properly. If anything is damaged, beyond what could be considered "fair" wear and tear then it needs repairing. Carpets, for example must be cleaned, and show wear appropriate to their age. A carpet that is 10 years old (so 5 years old when you moved in), for example, is reaching end-of-life, so is ready for replacement, not by you but the landlord, so you can maybe discuss if you really need to clean it at all. A parquet floor with a big gouge in it is damaged and needs repairing or replacing at your cost (or that of your liability insurance). Needless to say, any damage or deficiencies documented when you moved in don't need fixing.

1

Share this post


Link to post
Share on other sites

[adminmerge][/adminmerge]

I would really appreciate some advice. My brother has to leave the flathe has been living in. Sadly my mother died and for the last months been sorting through everything and now

has to go. The landlady has always been very difficult and now we are very concerned.

 

Is it German law, that before a tenant leves they have to have the flat painted? This is what my brother has been informed. The landlady has brought her painter and quoted a very high price. Can anyone help me on this? Does anyone know a painter who could do this in the next week?

 

We are not looking to play any games or get out of what is expected. We just don't want to be taken advantage of.

 

We are on a tight timetable so please could I have any advice in the next few days?

 

Yours,

 

T

0

Share this post


Link to post
Share on other sites

IIRC there is a three year rule on wear and tear. How long has the place been yours/his? You can also use the Kaution to offset the painting cost if needed. Look, It's been a while since I've been in the situation, but I'm sure some smart TT folks will help you more than I can. Just wanted to say good luck and keep a positive look on things. :)

0

Share this post


Link to post
Share on other sites

It depends on the exact wording of the lease contract. In older contracts it often was stipulated that the tenant had to do cosmetc repairs after e.g. 5 years (regardless of how the place looks like). However, the courts decided that these stipulations are invalid. I´d consult a Mieterverein to ask whether your brother´s contract is in line with recent jurisdiction.

0

Share this post


Link to post
Share on other sites

Like they say look in the contract! Did you paint the walls yourself when you moved in? If yes you are Ok! If no then had the owner renovated before you moved in?

Its a very tricky thing and the owners like to have the house ready for the next person as cheap as possible !also watch out for the carpets or floor coverings these will also be looked at

 

This has been google translated but you will be able to understand

 

http://translate.google.de/translate?hl=en&sl=de&u=http://www.sueddeutsche.de/geld/auszug-aus-der-mietwohnung-was-kommt-bei-der-renovierung-auf-mich-zu-1.1735114&prev=/search?q%3Dwohnung%2Brenovieren%2Bbei%2Bauszug%26biw%3D1024%26bih%3D486

 

Keep in touch and Let us know what happens

0

Share this post


Link to post
Share on other sites

My step daughter is currently panicking so would be grateful for the collective TT knowledge (she will be visiting the mietverein but that will take several days and she is stressing!!)

 

She has been part of a WG that has run for several years. She moved in 18 months ago. The contact, as far as I can see was completely renewed at that time with my step-daughter and one of the previous tenants named on the lease.

 

 

Beendigung des Mietverhältnisses

Der Mieter ist zur Durchführung der Schönheitsreparaturen verpflichtet wenn es eforderlich ist. Die Wohnung muss be Beendigung des Mietverhältnisses in heilen, neutralen Farben übergeben werde

 

There was no protokoll made when she moved in either between the renting parties or the landlord.

 

 

Beschädigung der Mietsache

Dem Mieter wird die Wohnung in einwandfreiem Zustand übergeben Er haftet für alle nach Übergabe eintretenden Beschädigungen bzw. mutwilligen Zerstörungen. Die Haffung gilt nicht für normale Abnutzung der Einrichtungsgegenstände Die Kaution des N4ieters kann zur Behebung solcher Beschädigungen in Anrechnung gebracht werden. Erfordert der Zustand der Wohnung Renovierungen, müssen diese sach- !nd fachgerecht durchgeführt werden. Renov erung bedeutet das Streichen von Decken und Wändef, evtl. Tapez eren, das Lackieren der Tüzargen rnit Lackfarbe und das Streichen von Heizkörpern und Rohren mit Heizkörperfarbe, soweit erforderlich.

 

She is now ending the lease. (Lot more complicated than that but I think that's all that is relevant at the moment)

 

Does she have to decorate?

0

Share this post


Link to post
Share on other sites

That depends on the condition of the premises. If it is painted according to the lease and in a decent (not necessarily impeccable) condition - no. If there are, e.g., dirty marks around the light switches or discoloration due to smoking or mould - yes.

 

P.S. I like the "heile" Farben - no unhealthy colors, please! :D

0

Share this post


Link to post
Share on other sites

Not quite - that's "heilige" (as in "heiliges Blechle" or "ach, du heilige Scheiße").

0

Share this post


Link to post
Share on other sites

"heil" as in "whole" (see the resemblance?) or uninjured. "Healthy" seemed the best word in the context.

 

Anyway, if the walls are painted in light, undamaged colors (white, possibly ecru) without blemishes or damages she's ok. Barn door, horse gone: Did she take pictures documenting the condition on moving in?

0

Share this post


Link to post
Share on other sites

Unfortunately I don't think anyone did.

 

Is it the tenants responsibility to prove the condition on moving in or the landlords? -> 'cos the landlord hasn't visited for 7 years and the contract she has is a bog standard lease signed 18 months ago... no mention of anything already past.

 

There is a whole mess of a situation created by lazy agents saying one thing and doing another (or not doing anything).

0

Share this post


Link to post
Share on other sites

I'm now working with more info...

 

Let's say "a friend of my daughter" shared a flat with "others". "Others"wanted to move out, so my daughter moved in 18 months ago. Everything was official. A brand new contract was signed with the landlord by my daughter and her friend.

 

No mention was made of the past several years my daughters friend lived there and no protocol was done by the landlord...

 

About 6 months ago the girl that my daughter shared with (the joint lease holder) moved out. She gave 3 months notice in writing (although it was not accepted or refused in writing by the landlord/agents).

 

My daughter found other people to share with and they have moved in - sorting the deposit between them). -> The landlord/agents were informed the whole time and at no time objected.

They kept saying they would sort out a contract for the new people but never did until eventually last week they sent a notice to quit. (Which is fine... my daughter wants to move.. but she does not see that she should decorate after just 18 months)

0

Share this post


Link to post
Share on other sites

Hello all,

 

Advice needed for people who have experienced in painting legalities. I am only in Germany since September 1, 2014 and I am currently staying in a hotel hoping to reunite with my family in South Asia. I have found this house with great difficulty.

 

My future landlord is agreeing to let the house only with the following condition:

 

1. The house is not freshly painted and when I move out, I have to get the entire house painted.

 

Is this legally tenable? I still have the option of not agreeing to it, but then I am not given the flat, plain and simple.

 

Lets say I agree to it and sign on the dotted line, move in, hypothetically keep the house well. Is there a recourse for me at exit to avoid painting or do I have to honour what is written in the contract, come what may?

 

best regards,

itsnikee

0

Share this post


Link to post
Share on other sites

You tell your landlord if he wants the house freshly painted when you leave he should give you it freshly painted when you enter it .If you sign then you must do as he asks! (They)

Take a German friend with you when you go to sign the papers!!!

0

Share this post


Link to post
Share on other sites

Hi Stuartmartin,

 

I would rather want the other solution. If I am not getting the house freshly painted, I leave the house without getting it freshly painted. But I have been told in as many words that if I don't agree, I don't get the house. There are enough fools who would gladly agree unlike me who has begrudgingly agreed.

 

The current tenants seem to have a spell on the landlord. They get to exit without getting the house painted, force me to pay the price for the kitchen abloese that THEY want and probably also get away by serving a notice which is less then three months, all this simply because they are Germans and I am not. and I am dealing with a legal professional in the landlord.

 

Not the most ideal situation to be in unfortunately!

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