Basti2709
2018-04-09 10:40:40
- #1
Once again, an interesting side issue that is tying me up for quite some time. Is my assessment correct?
Facts:
We moved out of our rental apartment on January 31, 2016. There is a handover protocol – no defects were noted except that the floor in the living room had discolored. The Christmas tree stand left an imprint on the light PVC covering. The children poured water in one too many times... the paint must have reacted with the floor (?).
My girlfriend pointed this out to the landlord during the handover; he himself might not have noticed it (she is always too honest!). No problem... he knows a cleaning company that can remove it. It was still recorded. After that, we never heard from the landlord again until the November 2016 utility bill for 2015 arrived (a credit). After multiple inquiries, it was paid out... in the process, I asked about the rental deposit. This could not yet be paid out because January 2016 was still outstanding. Accepted as such, and in November 2017 we received the statement for 2016 (additional payment of 1.80 euros). We paid that immediately and asked again about our deposit.
The property management, which works with the landlord and prepares the utility bills, said the landlord does not want to pay out. There is still an outstanding damage to be clarified. I called the landlord and asked. The outstanding damage is the discoloration in the living room. It did not go away, and an offer was obtained. The repair was not carried out; the new tenant has been living with the stain for 2 years already. He passed this on to the property management, who said they would get in touch.
When nothing came after 6 weeks, I asked again. Three days later, I found a letter from the property management in my mailbox. I should pay about 1,200 euros as compensation for damages, and my rental deposit of about 900 euros will be offset. At first, I was stunned...
I went to see the landlord, but he was not available. His secretary understood my frustration and took my number. He said he would get back to me next week. But nobody ever got in touch... as always before. I assume the landlord does not care. I sought advice and found out that according to § 548 of the German Civil Code, the landlord had to report the damage within six months. However, he only did so for the first time with the property management's letter from 02/2018. So I wrote a reply stating that the damage is time-barred and that I also disagree with the amount. I demanded payment with a deadline... nothing happened as usual. No payment or response.
I asked the property management what had become of my letter – a joint appointment with the landlord was still pending. Two weeks after the deadline expired, I only received a letter confirming receipt of my letter and instructing me to address the landlord directly in the future. So I wrote a second letter, also with regard to a possible reminder notice, directly addressed to the landlord.
Two days later, I received a response immediately. Summarized, the content was roughly:
"I am personally disappointed that you do not want to take responsibility for the damage. You caused it and will have to pay for it. There were other defects (walls not properly painted) that I had to have repaired without charging you for them. You did not even try to personally find a solution with me. That you could not find me at the company is bizarre. If you take legal action, I waive the use of a lawyer because your account is superficial and ridiculous – and you will not win anyway. § 548 of the German Civil Code is a pamphlet with which I will not be fobbed off."
What do you think about this?
Facts:
We moved out of our rental apartment on January 31, 2016. There is a handover protocol – no defects were noted except that the floor in the living room had discolored. The Christmas tree stand left an imprint on the light PVC covering. The children poured water in one too many times... the paint must have reacted with the floor (?).
My girlfriend pointed this out to the landlord during the handover; he himself might not have noticed it (she is always too honest!). No problem... he knows a cleaning company that can remove it. It was still recorded. After that, we never heard from the landlord again until the November 2016 utility bill for 2015 arrived (a credit). After multiple inquiries, it was paid out... in the process, I asked about the rental deposit. This could not yet be paid out because January 2016 was still outstanding. Accepted as such, and in November 2017 we received the statement for 2016 (additional payment of 1.80 euros). We paid that immediately and asked again about our deposit.
The property management, which works with the landlord and prepares the utility bills, said the landlord does not want to pay out. There is still an outstanding damage to be clarified. I called the landlord and asked. The outstanding damage is the discoloration in the living room. It did not go away, and an offer was obtained. The repair was not carried out; the new tenant has been living with the stain for 2 years already. He passed this on to the property management, who said they would get in touch.
When nothing came after 6 weeks, I asked again. Three days later, I found a letter from the property management in my mailbox. I should pay about 1,200 euros as compensation for damages, and my rental deposit of about 900 euros will be offset. At first, I was stunned...
I went to see the landlord, but he was not available. His secretary understood my frustration and took my number. He said he would get back to me next week. But nobody ever got in touch... as always before. I assume the landlord does not care. I sought advice and found out that according to § 548 of the German Civil Code, the landlord had to report the damage within six months. However, he only did so for the first time with the property management's letter from 02/2018. So I wrote a reply stating that the damage is time-barred and that I also disagree with the amount. I demanded payment with a deadline... nothing happened as usual. No payment or response.
I asked the property management what had become of my letter – a joint appointment with the landlord was still pending. Two weeks after the deadline expired, I only received a letter confirming receipt of my letter and instructing me to address the landlord directly in the future. So I wrote a second letter, also with regard to a possible reminder notice, directly addressed to the landlord.
Two days later, I received a response immediately. Summarized, the content was roughly:
"I am personally disappointed that you do not want to take responsibility for the damage. You caused it and will have to pay for it. There were other defects (walls not properly painted) that I had to have repaired without charging you for them. You did not even try to personally find a solution with me. That you could not find me at the company is bizarre. If you take legal action, I waive the use of a lawyer because your account is superficial and ridiculous – and you will not win anyway. § 548 of the German Civil Code is a pamphlet with which I will not be fobbed off."
What do you think about this?