Request Mediation. Disputes over security deposits are very common between tenants and landlords at the end of a lease. I seek some legal advice or suggestions whether what she did was within her rights, because as my understanding goes, Germany does have strong laws for tenants as well. Breaking or Terminating a Lease Early. it also doesn't have to be in a state where the next person can move right in. That is, unfortunately, what I feel as well and hoping that comments here could respond with some legal text/law/section code etc that I could quote on to her, so that she understands that a mere bluff won't be tolerated. No legal stipulation orders a tenant to provide a security deposit, but there is no law against. Anyhow to address, things I moved were kept exactly the same way/place as I found them. They would've been reason to lower the rent, but that train has left the station. Any interest gains will be credited to you. Renting out a place new, however, gives them more leeway. She is overcharging the new tenant by about ~2x as well. I spent two whole evenings just cleaning and making sure everything was clean and tidy because that is how I like it, and that her things are back at the exact position and place I found. The law simply restricts the utilization of the deposit. This website uses cookies to improve your experience. Who knows perhaps this person asks for a 100 eur deposit exactly because they know it'd be tough call to ask for it back for many people. If the landlord does not follow the law about refunding deposits. [google_analytics_optout]Click here for Google Analytics Opt-out[/google_analytics_optout], CC 0, CC-BY-SA-2.0 DE, CC BY-ND 2.0, CC-BY-SA-2.5, CC-BY-3.0, CC-BY-SA-3.0, CC-BY-SA-3.0 DE, CC-BY-SA-4.0, GNU, GDFL, Email: Of course, you may not disturb other tenants either. The itemization should be in writing and state how the deposit has been applied toward back rent and costs of cleaning and damage repair, together with whatever is left of the deposit. a) The 'landlord' overcharges significantly for the flat. Water, garbage collection etc.? b) In an earlier conversation, 'landlord' told me in written that 'she will pay the deposit after she has received the rent and been to the place'. The fact that you don't have such a protocol is a pity, as you can't prove you left the place in the proper state. It's trivial for a landlord to keep the deposit for 6 or 12 months - it's enough to say "I'm waiting for the Abbrechnung ", or "there are some damages". It is mandatory to procure user consent prior to running these cookies on your website. Furthermore, there is no contractual obligation against this as well. A tenant who refuses to take part in the inspection process, and damages have been found, is liable to receive their remaining deposit 21 days from the expiration of the lease. c) For first few days, there was no proper lightning in the flat. When the flat was being handed over, she didn't make any mention whatsoever about such conditions or hinting that possibly my deposit won't be returned. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Let’s assume you have scratched the parquet flooring significantly around the dining table because you have not put protection under your chairs’ legs, then the damage claim will be the cost for polishing of the floor. Mostly, you can get something out of actual physical damage. However, the fact that she doesn't have one also means that she can't prove you did anything to it, which I suspect she may claim. In Germany there is a law, since september 2001, that your rent has to be paid at the lastest on the third day of the agreed upon time period. That means it can't be horrifically dirty, but it also doesn't have to be in a state where the next person can move right in. Since the walls are vital, you should take any pictures off the walls to show their current status. German law also works with the so-called “Schönheitsreparaturen”. If the flat was too expensive you should have talked about it before signing the contract or just not taken the flat at all. Here are six security deposit requirements that every Pennsylvania landlord and tenant … Both new tenant and I waited for her a bit. She's trying to scare you into giving in easily. We, therefore, recommend to have us screen your lease agreement again shortly before you move out, so that you receive a first indication of doubt before contacting an expensive lawyer. That said, suing her for ill-treatment or harassment would be a waste of time and money. So, also no reason to keep the deposit, as far as I can see. We'll assume you're ok with this, but you can opt-out if you wish. For instance, when a flat is handed over, it's common to make a protocol in which any issues are noted down, signed by both parties. You can simply not withdraw the money. However, if you moved into an apartment which was not newly painted, you won’t need to paint when moving out. From all you say, she's making up things as she goes to scam people, and thinks she has especially good chances with a foreigner. A tenant cannot request the return of their deposit before the tenancy ends. If your landlord still won't return your security deposit once you've spoken with him or her, you will want to write what's known as a demand letter to officially request it back. When you move out of your rental unit, you should receive the security deposit back, unless there’s a specific reason for your landlord to keep it. Cash Deposit: If you pay it to the landlord, he needs to set-up a separate account for the money with normal conditions regarding interest and maximum 3 months cancellation period. When your lease term ends and you move out, you must give your landlord, in writing, an address where they can send your deposit (if they are not keeping it, but more on that later). On the fourth day you are already late. As the title says, my landlord refused to pay back my deposit. ETA: The complaints you have about the flat may or may not be substantial, but they don't affect the deposit. Furthermore, the deposit agreement was between previous owner and tenant. You also have the option to opt-out of these cookies. If you don’t pay the agreed installments, the landlord can terminate the lease agreement. For every mention of "courts", you have to drink. Rent Savings Account: If you create an account yourself you will be giving the title to the landlord. As you talk about being a foreign student: Are there student organisations at your university, whether for foreigners specifically or for all students, that can help you? In Germany the case of "Mietwucher" exists, but to get your money back you have to prove that you were forced by circumstances to take the flat. By using our Services or clicking I agree, you agree to our use of cookies. Nowhere in the contract it says that I must pay the rent by certain date as well. Typically, landlords may use deposits to cover the following things: The return of the deposit So here is the situation of a person renting an apartment in Germany. If the landlord does not return the tenant's deposit within 30 days, or if the landlord does not provide an itemized list of deductions, the tenant may give the landlord (or their agent) a Tenant's Notice to Provide Deposit Disposition. Discuss this with your landlord. Usually, keeping the deposit longer than actually needed does not give the landlord any benefit since he cannot make use of the money. Yes. I understand that bit about the law, even though our contract mentions nothing regarding payment deadlines and all payments have been full and before the end of the month. Also, as other poster implied, the cost of Mahnbescheid will be borne by the 'landlord' at the end or me? The place wasn't given back as she received it. Press question mark to learn the rest of the keyboard shortcuts, your friendly neighbourhood porn author dyke. If a tenant breaks their lease, the landlord can keep all or … And I'd do what u/AnnaSici said. The deposit is totally unrelated to issues like you paying your rent, despite what your "landlord" claims. More information can be found here, but in German only: You will have come across the term when signing the lease agreement. In your place, I'd just focus on getting the 100 € back. Otherwise either side can claim anything that was wrong before or after you moved in. It is not only about 100 eur, but about the way she threatens. If your landlord still doesn't return your security deposit, check with your state or local government about a mediation service or dispute resolution group that can help you. Upon my asking, the landlord just asked me to use the lamps, which strained my eyes badly and I was sitting in a dark flat for days. Same period if you repaired something although you did not have to and you claim that the landlord pays for the work done. The landlord can keep the deposit arbitrarily after the tenant moves out for 3, 6, or 12 months. My 'landlord' reasons that: I didn't leave the house at the time we 'agreed' on. Landlords that don’t return a full deposit may have to give you an itemized list of how they’re using the money (e.g., to pay for a cleaning service, repair damages, etc.) I think that a developed country like must definitely have laws that a subletter cannot just give out the flat to the tenant with a medical hazard and broken toilets etc and then claim that she found the flat in bad conditions. However, being late on your rent is no sufficient reason to keep the deposit, as long as you've paid every rent in full. There may in fact be more bills after that time, which means some costs may appear after the tenant is gone and the landlord has to pay them in order to be able to rent the place again. If your landlord takes money from your deposit for any damages or rent that's owed, your local council will … Did she have to wait for you? Furthermore, she herself said 'until 20:00', and I moved out at '19:45'. Rather, send a certified letter to your landlord stating that if you don't receive your security deposit in return, you'll be suing to recoup that money. Please let me know whether I as a new landlord have to return this deposit or the tenant has to collect the deposit from the previous owner since they made an agreement of deposit. They cannot generally be dealt with in an eviction (unlawful detainer) case since, in an eviction, possession of the property is still at issue. These payments are used to cover the exact costs of the landlord which he does pay on behalf of you. The landlord needs to inform you on a yearly basis about the interest gains. And of course with things that aren't directly related to citizenship, a foreigner has just the same rights as a German; language and culture barriers may just make it harder to enforce them. Again, there is no fixed period; however, 4 weeks are usually considered sufficient. Might explain her annoyance. If your local council paid your deposit. I am talking about things like lamps and chairs, and putting them from one place to another. You will be granted a reasonable period to carry out the repairs yourself (or hire a professional to do so). You'd definitely need a lawyer to even attempt such a thing, and I doubt the case would even get going. Broken glass-ceramics, holes in tiles are all damages which the landlord is entitled to recover from you. Except under certain circumstances and subject to certain conditions, a landlord may not interrupt utilities to a tenant unless the interruption results from bona fide repairs, construction, or a… Furthermore, she is not even the 'landlord' herself as well, as such. There is no fix legally set period as to when the landlord is obliged to repay the deposit. Actually I noticed that there does exist some wording on the contract regarding that. A place new, however, if you moved in about 100 eur is almost the monthly salary some... 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