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. But opting out of some of these cookies may have an effect on your browsing experience. These payments are used to cover the exact costs of the landlord which he does pay on behalf of you. it also doesn't have to be in a state where the next person can move right in. Firstly, thanks for your response. I feel you on the €100, but this person likely knows you can't enforce any of your rights without spending more than €100. And if they are ineffective the law applies - which is beneficial to the tenant. Usually, keeping the deposit longer than actually needed does not give the landlord any benefit since he cannot make use of the money. They gave a $1,387 security deposit. Of course, you may not disturb other tenants either. I don't know how your room is lightened up, but imagine a bedside lamp and then try to sit in the room in that condition. Since the landlord will only receive the invoices of all the respective service providers late in the year, he will only then know whether the lumps um agreed will have fully covered your consumption. The place wasn't given back as she received it. We'll measure how full of shit you are based on how drunk you get. I don't speak German, and I don't understand what I should do about it. To add further on this, at one point she mentions herself that 'she would prefer if I come back before 20:00', which I did. Your deposit must be protected by law, so you could take your landlord to court if you can prove they didn’t pay your deposit into a scheme. It is not only about 100 eur, but about the way she threatens. Furthermore, she herself said 'until 20:00', and I moved out at '19:45'. Rental Housing Act No. A stern response might fix her up though. A security deposit is usually linked to the month's rent paid by the renter. Also, pestering constantly the tenant, pressuring to move out quickly despite agreeing by herself on the time, and biggest of all - accusing me of 'not clean enough', 'spent hours on flat', whereas I am provided with no evidence of uncleanliness - just words - and have proofs that she spent less than 3 hours at the flat. 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? You just go to your bank and ask them to create a “Mietkautionskonto”, bring the copy of the lease agreement and the bank will do all the rest – it’s their day-to-day business. (Around 1,5x) This is based on my conversation with the neighbor girl, whose flat differs only minorly in structure. Landlords ask for security deposits to protect themselves against surprise repairs or missed rent. 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. Is there a law or regulation or some legal text you could guide me to for quoting this? Rent Savings Account: If you create an account yourself you will be giving the title to the landlord. Some of your issues, such as the lamp one, should have been addressed in certain ways at the time when they were happening (which I realise you couldn't know how to do). You'd definitely need a lawyer to even attempt such a thing, and I doubt the case would even get going. Period I stayed in was June till September. If the 6 months pass without the landlord paying you back the money you should send a regular reminder and set a period within in which you request payments. I am sure a properly worded response to her with links to laws etc could help her understand that I am not completely alone by myself. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. 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). Please be aware that it is considered braking the law if you wish to balance the outstanding deposit repayment by withholding the last rent. 100 EUR is almost the monthly salary for some people in my native country! As part of Pennsylvania’s landlord tenant law, there are certain rules landlords and tenants must follow when it comes to the security deposit.If a landlord does not follow these rules, a Pennsylvania tenant may have the right to the return of their full security deposit plus additional damages. In this case, the landlord would first invoice you with the claimed amount, and only in case you don’t pay, he will use the deposit to cover himself. Yeah, free lawyers for persons in need of them are so horrible. However, there is a certain judgement as to what extent a damage is still wear and tear. Press J to jump to the feed. 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. You can tell your landlord to use your deposit, plus any interest your landlord owes you, for that final rent payment. He is thus allowed to keep a distinctive amount of the deposit to cover for any probable due payment. In your place, I'd just focus on getting the 100 € back. Return of security deposit. 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. 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. 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. She is overcharging the new tenant by about ~2x as well. 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. An example is when your landlord … There is no fix legally set period as to when the landlord is obliged to repay the deposit. ), non-European student, I feel quite vulnerable in this position. During the handover of the apartment/house, you will agree on outstanding repairs. Deposit Protection Service (Custodial and Insured) MyDeposits, if Capita held your deposit. Only after that, the landlord would be in default and you could claim payment. If your deposit is properly protected … I would argue that tenants of furnished apartments are not free to move furniture around. LANDLORDS seem to be able to give any reason under the sun to stop you from getting your deposit back. This is the most common practice. As for a non-German (I am learning though! Deposit in question is mere 100 EUR, but as a student who funds his own education and with a weak financial standing, I cannot allow her to just keep the deposit. 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. "If we don't ever get their forwarding address from them, then we will send it to their last known address – which was the rental – in hopes that they had their mail forwarded," Henderson says. Now, the tenant wants to receive the deposit. 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. They didn't work? All day. This includes: papering of walls and ceilings, painting and whitewashing of walls and ceilings, painting the radiators, including heating pipes, painting the doors from the inside, painting the window from the inside and painting the front door from the inside. 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. After calling her few times, she did come and we resolved this with the original landlord who installed new lights, but I am sure it could be termed as a health hazard that 'landlord' knew about, but chose to ignore. (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. There are two alternatives on how to hand over the title to the bank account: Bank Guarantee: In this case, your bank guarantees that you will be paying against any claim of the landlord and if you don’t, they will. It's so simple it's easy to overlook, but your landlord won't be able to return your security deposit without a forwarding address. 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. During the handover of the apartment/house, you will agree on outstanding repairs. The landlord needs to inform you on a yearly basis about the interest gains. 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. 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. Housing attorney Ronald Languedoc says there's no exact date for when a landlord needs to return a security deposit — the AG's office describes it as within a … So while you had the right to move them where you wanted, she has a reason to be annoyed about this. Your landlord must return your deposit, minus any damage costs. So. - Garnishment: the landlord is allowed to withdraw once he issued a garnishment. Okay, about point 1: If you didn't agree on when the rent is due, then it'll be due on the third day of the rental period at the very latest ( http://www.gesetze-im-internet.de/bgb/__556b.html ). If a landlord refuses or has failed to refund the tenant their deposit, the tenant may approach the Rental Housing Tribunal. I am talking about things like lamps and chairs, and putting them from one place to another. 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. The charge because of property damages probably not so much... New comments cannot be posted and votes cannot be cast. You are paying the so-called side cost (“Nebenkosten”) as a monthly lump sum to the landlord to avoid huge payments by the end of a year. The Red Relocators will check if the stipulations in your contract are valid, but we won’t correct them if they are not. Your rights as a tenant include the right to "quiet enjoyment," a legal term. ETA: The complaints you have about the flat may or may not be substantial, but they don't affect the deposit. 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