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

  • Erstellt am 2018-04-09 10:40:40

Basti2709

2018-11-07 13:24:59
  • #1
I spoke with the lawyer about it again...according to him, it is possible that landlord 2 actually did not file an objection. That is apparently independent of the main hearing. However, the two weeks have only just passed this week.

If he did file an objection, the hearing will be against both landlords on 24.01.19. If he did not, I have obtained a judgment against landlord 2 and can reclaim the rental deposit. The hearing on 24.01.2019 will still take place...against landlord 1. Everything is very confusing...

But what is this still about then? The court costs? I would already have the rental deposit + interest secured....
He had to go then and was also very brief...we want to wait first to see what landlord 2 has done now.
 

Basti2709

2018-11-13 17:59:59
  • #2
News:

Landlord 2 did indeed file an objection, but 1 day too late. The judge pointed this out to him and wrote the following:



But why withdraw it if it was already late... isn't that redundant? Or what advantage does the withdrawal have?
 

Fuchur

2018-11-13 19:15:18
  • #3
The return is free of charge.
 

Mottenhausen

2018-11-13 20:43:58
  • #4
With the landlords, you really encounter pure competence. How can one miss the objection deadline in such a matter?
 

Basti2709

2018-11-14 07:30:27
  • #5


No idea what is going on behind the scenes... with this, the default judgment should now be final and Landlord 1 will be quite annoyed about Landlord 2's "stupidity." The main hearing will therefore still take place on 01/24....
 

Basti2709

2019-01-03 08:49:05
  • #6
Yesterday I read an article about the overload of the courts... now I am slowly starting to understand why...

- Landlord 2 files an objection and says I don’t even live at the address stated in the rental contract... it says building owners’ association Landlord 1 & Landlord 2, the address of Landlord 1 is given, Landlord 2 lives somewhere else

- Judge writes that the objection is rejected and advises him to withdraw it

- Lawyer of Landlord 2 writes he cannot make it on 01/24... he is on vacation... main hearing is postponed to 02/19

- Lawyer of Landlord 2 writes he will not withdraw the objection and again writes as justification: Landlord 2 does not live at the address given as building owners’ association... Landlord 1 (who together with Landlord 2 also runs a company) never forwarded the correspondence to him

- since then no more messages...

Does this all work like that?

I state in a rental contract that we are a building owners’ association and sign it for that. But if I then receive mail to the building owners’ association that I don’t like, I simply claim I don’t live there...?

Why was the objection then considered inadmissible the first time? The same justification was included back then... now no one has responded anymore. The deadline was 11/27/2018... there should have been a confirmation of the partial default judgment by then?
 

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