Subsequent defects objected to

  • Erstellt am 2017-01-04 17:10:57

fred_bb

2017-01-04 17:10:57
  • #1
Hello everyone!

The following situation:

I rented an apartment. Upon moving out, "No defects" was written in the handover protocol. There were also no defects. The move-out date was November 30th.

On December 2nd, I received a call saying that a windowpane has a crack and the deposit will be withheld and I should cover the costs.

I am accused of having deliberately taken down the blinds. I am not aware of this. There was also no damage at the time of moving out.

I have a photo of the handover protocol on my phone because the landlady wanted to send it to me. She has now written through a lawyer that I should bear the costs.

What do you think, what should I do best? Do I have to pay the costs without my fault?
 

Alex85

2017-01-04 18:28:50
  • #2
Attention amateur knowledge, not legal advice!

The handover protocol has a final character, provided it has been created and signed. If the absence of defects is confirmed by signature and the damage could not have been concealed (I would see it that way with a window pane), she can forget about her claim.
Moreover, the landlords are obliged to prove any damage.

Is your photo of the protocol any good? Are the writing and signatures legible?

Are there any outstanding utility bills that could justify further withholding (of part) of the deposit? If not, in your response I would put the lady directly in default and demand the release of the deposit without deductions within two weeks.
She should also send a copy of the handover protocol. If she refuses, you immediately know her motivation... then respond politely with the involvement of a lawyer and a threat of lawsuit mentioning the resulting costs, that will change her mind. At the latest then her lawyer will explain to her that she is wrong.

However, I would recommend that you seek legal advice yourself. An initial consultation is not that expensive.
 

Payday

2017-01-10 19:12:28
  • #3
correct a handover protocol has a final character, which in this case is precisely meant to protect the former tenant from further costs. that the lawyer is of course on their side and tells tall tales is also clear. what is important is that you have the handover protocol. if you photographed it then hopefully completely and with their signature... otherwise it is not worth the paper. of course they can look at a glass pane during the handover, even if the blinds are down. no one is stopping them from raising the blinds. what landlords do (hand over in winter evenings in the dark without lights) can of course also happen the other way around.
 

DNL

2017-01-11 07:15:57
  • #4
Crack in the window also sounds like a stress crack. As far as I know, it is the landlord's responsibility. Do you have a photo of the crack?
 

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