Tenant does not want to pay the rental deposit - damage is time-barred

To summarize what I have read: the stain, quite inconspicuous and only rust-sized about as big as a Christmas tree stand, was never repaired. The size of the stain will probably not justify replacing the entire room. The apartment has been rented out with the stain. So there is no reduction or disadvantage from this stain, which is overlooked (landlord) or accepted (tenant).

I cannot judge that. If the flooring needs to be replaced, the amount may be reasonable. If only cleaning is necessary, the amount indeed seems completely unreasonable. There is also talk of further repairs and defective painting work. I cannot assess that either. You draw the conclusion from the one-sided information that the landlord’s withholding is completely excessive. I consider that premature.

A forum unfortunately cannot provide you with a procedure of proof. Of course, it then remains with the descriptions of the OP.

The solidarity with the TE is of course understandable in the forum and certainly also emotionally helpful.

To maybe bring some clarity:

The stain exists, that was never denied... it is recorded in the handover protocol. Everything else was accepted without complaints and signed by both parties. My partner pointed out this stain because the landlord hadn’t even noticed it. Otherwise, it wouldn’t have appeared in the handover protocol and the matter would have been settled anyway... the landlord then said that this stain was not a problem and could be easily cleaned....

We painted all the walls white, although maybe we didn’t even have to do that..?... then we moved out. That was in January 2016...

Then I chased my rental deposit for almost 2 years and it was never mentioned that damages still had to be paid for. When it eventually came up, it was said again: It’s not such a big deal... it was only the one stain... we will come to an agreement... depreciation must be considered and blah blah...

And then I simply get a letter in which this not so bad stain suddenly is supposed to cost 1,200 euros... It’s not even an invoice, but some offer from two years ago which was never followed up on. No depreciation or anything considered...

The landlord doesn’t respond to attempts to contact him and then wonders why I won’t tolerate that? Even that depreciation is not taken into account doesn’t interest him one bit. What is my option here? Just transfer the money and accept everything?

If the landlord is completely unreasonable and makes big speeches, why shouldn’t I do the same? Suddenly it is also said that he had to have the apartment repainted because our painting work was not good enough... that’s exactly what a handover is for... to identify and record defects. He messed that up here... and I can’t understand it anymore as it was more than 2 years ago. Also, in these 2 years, there was never any talk of deficient painting work.

And where is the settlement in my favor coming from? Much more likely for the landlord, whose behavior caused this whole situation in the first place.

In my eyes, the damage plays only a secondary role in this case anyway. Regardless of what kind of damage it is... It is legally regulated that the landlord can claim damages from a rental relationship up to half a year after moving out. But he didn’t consider it necessary for two years and now he’s out of luck. We were even interested in an amicable settlement, but he insists on his amount, which is void anyway because depreciation was not considered.

Now coming with a settlement and wanting to look like the good guy because he is giving up his claim (which is undoubtedly wrong) is the famous "crowning moment." He could have done that half a year ago... then we would have avoided court, but now... I stick to my "principle."

PS: You can tell from the post that this matter is already very emotionally charged... so please don’t take it too personally.

Bad with the partner. Never pay attention to something like that