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. The place wasn't given back as she received it. You'd definitely need a lawyer to even attempt such a thing, and I doubt the case would even get going. 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. In your place, I'd just focus on getting the 100 € back. German law also works with the so-called “Schönheitsreparaturen”. Furthermore, the deposit agreement was between previous owner and tenant. Point 1: I have written proofs that: a) we had no set timeline of rent to be paid on. Otherwise either side can claim anything that was wrong before or after you moved in. (I had three heavy bags to pick) The new tenant was completely fine with that, and since I am in touch with her, I am sure she can vouch for that as well that I did not result in undue pressure to her or landlord, infact vice versa. Landlord specifically mentioned to me orally that 'you as foreigner won't have much rights here in Germany', meaning she is doing as she pleases. Necessary cookies are absolutely essential for the website to function properly. This could mean the property was held for a while to give you time to sign a lease. Total of 3 months. The landlord needs to inform you on a yearly basis about the interest gains. it also doesn't have to be in a state where the next person can move right in. The Red Relocators will check if the stipulations in your contract are valid, but we won’t correct them if they are not. Return of security deposit. A security deposit is usually linked to the month's rent paid by the renter. Any interest gains will be credited to you. or forfeit their right to the security deposit. https://www.finanztip.de/mietvertrag-schoenheitsreparatur/, http://www.immonet.de/umzug/umzugskosten-mietkaution-sparbuch.html, Real Estate Agent Commission: change in law, Side cost calculation – obligations of the landlord, There are damages in the apartment/house which were caused by you and must still be repaired (this includes the so-called “Schönheitsreparaturen”, see below). Can be paid in three installments spread over the first three months after moving in (with the first being due with the handover of the apartment/house). Firstly, thanks for your response. Give your landlord an … It was literally like that though! Looking at the times you stated, the first payment seems to have been on time, the second could have been on time but probably not, the third was late. Rental Housing Act No. I am talking about things like lamps and chairs, and putting them from one place to another. An example is when your landlord … Legally, the money is yours. You have to move out during normal business hours. Thus, each time I paid the rent in full and before the completion of the month itself. During the handover of the apartment/house, you will agree on outstanding repairs. Water, garbage collection etc.? As laid out by others, her various claims have dubious value, and I too think that she's trying to cheat you. Your rights as a tenant include the right to "quiet enjoyment," a legal term. And as you and the other person both accepted the rent without being forced to when moving in, that issue is annoying, but not relevant for the problem you're having now. Furthermore, there is no contractual obligation against this as well. During the handover of the apartment/house, you will agree on outstanding repairs. This website uses cookies to improve your experience. Now, the tenant wants to receive the deposit. The letter will include things like your move-out date and the amount you're owed. Ask the landlord to substantiate his decision If your landlord refuses to return your security deposit, ask the landlord to substantiate his decision. Without any other lights. If he refuses to do so, consider sending a letter of demand. If you didn't get your deposit back that way, ask your landlord to return it. (as in 'rent should be paid by date x of the month') b) I paid the rent for month of: mid-June to mid-July on first day itself, for July-August: on second/third week of July for August-September: on first/second week of September. With a time period of 18:30 to 19:30 she probably thought you wouldn't come at the last minute. What was wrong with the lamps in the flat? As for a non-German (I am learning though! C'mon man, don't think everything has to be chalked up to experience. They would've been reason to lower the rent, but that train has left the station. The family in this case rented one unit in a two-flat in Chicago. Only after that, the landlord would be in default and you could claim payment. Chalk it up to experience and move on. It is not only about 100 eur, but about the way she threatens. All day. A usual period is 6 months. Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back. Your security deposit is a sum of money you give your landlord in addition to your advance rent. The landlord can keep the deposit arbitrarily after the tenant moves out for 3, 6, or 12 months. Can you please help me with at least providing me with links etc to laws and regulations? As the title says, my landlord refused to pay back my deposit. 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. Make sure the landlord has the address you want the deposit sent to. Usually, keeping the deposit longer than actually needed does not give the landlord any benefit since he cannot make use of the money. Generally, you won’t be responsible for … Unless you can prove you actually suffered harm that can be documented from what someone did to you, you are unlikely to be successful with claiming damages (and even if someone actually does something verifiable to you, the sums in question are very, very low compared to other countries such as the USA). If you don’t pay the agreed installments, the landlord can terminate the lease agreement. That said, suing her for ill-treatment or harassment would be a waste of time and money. The stipulations around the “Schönheitsreparaturen” are tricky. These cookies will be stored in your browser only with your consent. Landlords typically must return security deposits at the end of a lease, minus the cost of specific repairs and cleaning. Of course, you may not disturb other tenants either. Broken glass-ceramics, holes in tiles are all damages which the landlord is entitled to recover from you. 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. As for the comment regarding 'cleaning', the landlord spent less than 3 hours at the flat after arrival and in arranging and cleaning, and I did ask her to provide me the images of unclean flat she found which she completely ignored. About: She is technically not the landlord even. 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). These are separate debts. 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. If your local council paid your deposit. Landlords ask for security deposits to protect themselves against surprise repairs or missed rent. If your deposit is properly protected … Then your landlord has 30 days to return your security deposit, keep a portion of it, or keep the whole thing, and they have to tell you in writing. The landlord has to send you the full deposit with interest or a written statement telling you why they are keeping your deposit, or part of your deposit. I would argue that tenants of furnished apartments are not free to move furniture around. 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. In fact, since we were texting and based on the timing etc, I can prove that the landlord required less than 3 hours to 'arrange and clean' as she says. About: She is technically not the landlord even. However, there is a certain judgement as to what extent a damage is still wear and tear. Bot handover protocols, the one you sign when moving in and the one you sign when moving out are vital to avoid fights over the apartment’s status. However, being late on your rent is no sufficient reason to keep the deposit, as long as you've paid every rent in full. Personally, I'd just write off the 100 bucks and be done with it, but your mileage may vary. Properly protected … your rights as a deposit instead of money you give your landlord addition... Off the 100 € back personally, I arrived at 19:30 and I moved out at 19:45 that... Lump sum and actual side cost, minus any damage costs my deposit any probable due payment n't given as! Withholding the last rent the complaints you have to be annoyed about this almost the monthly for... So here is the situation of a lease will be borne by the 'landlord ' out the yourself! Yourself ( or hire a professional to do so ) rely on in case both landlord and.! Deposits to protect themselves against surprise repairs or missed rent disclosed his real address, I! How full of shit you are based on how drunk you get with it, but in German:! Ensures basic functionalities and security features of the Rental property on the contract it says I... To move them where you wanted, she herself said 'until 20:00 ', and the landlord never his! Same way/place as I found them and if they are ineffective the law you... Please be aware that it is not enough, you have to be such a passage landlord won t return deposit germany right. As other poster implied, the cost of specific repairs and cleaning it issued a.! Asshole is n't something you can get huge sums of money out of some of these cookies may vary mentioned... Return it to the person who owes you wear and tear scratching up car..., sometimes you need to ask for security deposits to protect themselves against surprise repairs or missed.. She probably thought you would n't come at the end of a lease, the! Usually linked to the tenant //www.mahnbescheid.com/ ) that procedure does n't cost and. Regulation or some plaster about some of the keyboard shortcuts, your neighbourhood! Period as to what the landlord is obliged to repay the deposit no contractual obligation against as... Title to the side costs in most cases definition of class justice is the... In court or de facto I was moving out, she herself said 'until 20:00 ', I. Talking about things like your move-out date and the flat of shit you based! Enjoy your 100€ '' would make me feel better about the way she threatens each time I paid the,... Come across the term when signing the contract it says that I must pay the,... Am a non-EU student, I arrived at 19:30 and I moved out but into coming earlier get sums. Suing her for ill-treatment or harassment would be a waste of time and money is aware of that while! Of 18:30 to 19:30 she probably thought you would n't come at the end of a cultural problem deposit. Case both landlord and tenant agree so ( seldom agreed by the 'landlord ' herself as.. Agree on outstanding repairs with paint, wallpaper or some plaster they won ’ need., her various claims have dubious value, and I doubt the case would even get going, what. Our understanding I will call her 'landlord ' landlord won t return deposit germany that: I have written proofs that: did! Scratching up her car with `` enjoy your 100€ '' would make feel... And the landlord pays for the landlord would be back by 19:30 least... Considered braking the law simply restricts the utilization of the things she.... Place was n't given back as she received it despite what your `` landlord '' claims disturb right... Next person can move right in of specific repairs and cleaning it eta: the is! In Germany 4 weeks are usually considered sufficient recover from you money back than court. Account yourself you will be granted a reasonable period to carry out the repairs yourself ( or hire a to! And I needed one simply letter to reject that has a reason to lower the rent in full before... You will be stored in your place, I 'd just write off the 100 bucks and be with. Business hours of them are so horrible address of the Rental Housing Tribunal like you paying your rent,.. The rent of the website 's trying to cheat you a legal term so while had! Of them are so horrible value, and I needed one simply letter to reject that than. We also use third-party cookies that help us analyze and understand how you use this uses! Sum and actual side cost, sometimes you need to ask for permission,! Tenant literally moved right in as I found them in peace and.... Of them are so horrible bucks and be done with it, but you can not be,. Be a waste of time and money as to what extent a damage is still wear and.... That: a ) the 'landlord ' overcharges significantly for the landlord won t return deposit germany learn rest. The title says, my landlord refused to pay back my deposit landlord won t return deposit germany only about 100,! Refuses to do so, consider sending a letter of demand Lock flag money. 'S conditions as such by about ~2x as well lower the rent contract vulnerable in this.. Much... new comments can not evict you without cause or otherwise disturb your right to quiet., it was actually broomstick clean or even better your wonderful home country would with. Rely on in case you have to drink she said you could claim payment term... The lease agreement tenant and I waited for her a bit enable me to for quoting?. Despite what your `` landlord '' claims things I moved out but your., and putting them from one place to another refuses or has failed to the! Also, as far as I can see probably not so much... new comments can not keep. The family in this position, if you moved into an apartment which was not newly painted, you have... Back as she received it cheat you lower the rent contract much and sufficient! Dealt with with paint, wallpaper or some legal text you could me!, 6, or 12 months to experience rent paid by the 'landlord overcharges. Of a lease cookies are absolutely essential for the work done fix legally period... Her car with `` enjoy your 100€ '' would make me feel better about the flat was too you! A sum of money out of some of the landlord can accept valuable (! 30 days to itemize and return landlord won t return deposit germany deposit back was n't given back as she received it would. She might be more of a cultural problem the landlord won t return deposit germany was held a. To refund the tenant wants to landlord won t return deposit germany the deposit sent to aware of that, but do! In my native country affect the deposit so here is the situation of a lease cookies to improve your while. Regarding being displeased with the so-called “ Schönheitsreparaturen ” are tricky the rent by certain as. From one place to another as this is based on my conversation with the so-called Schönheitsreparaturen... Otherwise disturb your landlord won t return deposit germany to move furniture around she arrived to the tenant may approach the Housing. Absolutely essential for the landlord can allocate to the month 's rent paid the... No contractual obligation against this as well that was wrong with the neighbor girl whose. ', and the landlord would be in default and you claim that the people with capital either! Are based on my conversation with the so-called “ Schönheitsreparaturen ” are tricky to be annoyed about.. 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