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

  • Erstellt am 2018-04-09 10:40:40

apokolok

2018-10-24 19:01:32
  • #1
, didn't you say earlier that you were / are working in the legal field?
All the more shocking are the false information you are giving here.

The default judgment does not address the case at all. It merely assesses the court's jurisdiction and the basic plausibility of the lawsuit.
Otherwise, the judgment is rendered as requested in the complaint.

It is called a partial default judgment here because there are two defendants (the building owners' association / landlord community) who were both fully held liable.
One simply did not respond to the lawsuit within the given deadline, which is why the default judgment was issued against him.

most likely the matter is over with this. I would be very surprised if the colleague who did not deem it necessary to respond to the complaint now files an appeal. If 14 days have now passed, you have a title over the deposit, interest, and then, after the dispute value has been determined, also court and attorney fees. You can then claim all of this from the second landlord party or have it collected by a bailiff in case of non-payment.

That the actual culprit is out for now is unfortunate, but not your problem. The two will probably have a nice dispute about that.
 

Fuchur

2018-10-24 20:03:53
  • #2
I only know the term Teilversäumnisurteil in the form I mentioned. Otherwise, it is just a plain default judgment against a party. I take note that you find "Wertung der Klageschrift auf Schlüssigkeit" alarming, but yourself write "Schlüssigkeit der Klage bewertet."

Be that as it may.
 

Basti2709

2018-10-25 07:42:48
  • #3
As far as I have read, the judge examines the coherence of the indictment and whether it is justified... so simply put, I understood it as shown in the picture.


I also hope that it stays that way, this has been dragging on since February. The court costs always hover over our heads like a Damocles sword.
 

Basti2709

2018-11-07 11:02:44
  • #4
Update:

Landlord 2 apparently changed his mind and has filed an objection against the default judgment. Probably at the urging of Landlord 1. A date for the main hearing has now been set for 24.01.2019!!
That means I now have to wait another 2.5 months for a possibly final decision...? German bureaucracy is a nightmare...
 

Mottenhausen

2018-11-07 12:09:48
  • #5
You will receive interest on it, they always have to pay back more security deposit the longer it drags on.
 

montessalet

2018-11-07 12:35:52
  • #6
Was about to say: You won’t get that much interest anywhere else.....
 

Similar topics
04.05.2015Termination of apartment lease; landlord moved without providing a new address14
09.11.2014Landlord provides false information regarding the electricity bill of the gas heating system.14

Oben