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

  • Erstellt am 2018-04-09 10:40:40

HilfeHilfe

2019-02-19 13:47:34
  • #1
Congratulations. What did it cost you or did you do well?
 

Basti2709

2019-02-19 15:42:05
  • #2
It has cost me 160 euros in court fees so far... which I should now get back from the VM...

Instead of paying 1,200 euros to the VM, I am now getting my rental deposit of about 900 euros + approximately 200 euros in interest from him + a good feeling for not having let myself be intimidated.
 

Basti2709

2019-03-01 10:15:03
  • #3
The congratulations were probably premature...

I spoke with the lawyer...all costs are borne by the landlords...which makes sense to me, since the lawsuit was won...

Yesterday I then received the partial acknowledgment and final judgment. It states that I, as the plaintiff, am to bear 1/3 of the court costs...how can that be? Court costs are then all the costs of the court, as well as the costs of the lawyers...?
 

HilfeHilfe

2019-03-01 11:40:05
  • #4
Yes 3 parties you one third .... you probably have to sue because of the costs or ask your legal expenses insurance. Coverage was there after all
 

Basti2709

2019-03-01 11:54:16
  • #5


But why 1/3 if I won...? That means I sued rightly and the landlords were in the wrong.
 

Otus11

2019-03-01 12:02:45
  • #6
What does the judgmentreasoning say?
That is decisive here....

It could be a consequence of the recognition by one party, § 93 ZPO, as an exception to § 91 ZPO (loser pays), possibly with somewhat different weighting by the court.
Or is it said that the costs are set off against each other? Then the result would correspond to § 92 ZPO.

Court costs are not litigation costs, so excluding attorney's fees.
 

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