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

  • Erstellt am 2018-04-09 10:40:40

Basti2709

2018-05-16 12:55:20
  • #1


The landlord himself boasted in his letter that he would waive a lawyer if it goes to court... because he is so sure of his case...

Let's see what there's really to that noise...
 

cschiko

2018-05-16 13:09:29
  • #2


But that doesn’t mean he won’t get one after all. The whole topic is tricky because it’s always a matter of having the right and actually getting the right. Whether your lawyer’s letter is a sign that you have a pretty good chance, who knows.

Where you are right is the calculation of the current value, that must be applied. How much exactly needs to be replaced is then the question. So whether he would be entitled to replace everything completely or just a part, as intended here, that could be clearly delineated.

What has, of course, complicated the whole matter is the long duration until something happened, who then met which deadlines or not, only lawyers can probably clarify that for sure in the end or the judge.
 

Basti2709

2018-05-16 13:17:01
  • #3
After the lawyer's letter to the landlord, the previous letter is not even a correct statement and claim of the damage.

According to him, this is still outstanding... so that a settlement has not been made until today... if it should come sometime now, it will have been almost 2.5 years... according to § 548 Building Code, he only has 6 months...

I will continue to report...
 

Basti2709

2018-06-07 08:05:25
  • #4
After the deadline has now been expired for 1 week, I asked the lawyer about the current status...

Result...Ta-da...there is none, the landlord never responded...

Now the lawyer has given him another 2 weeks...after that it goes to court.

I don't understand why at all. It is slowly becoming obvious that nothing will come of it...he does not settle the deposit correctly and does not want to pay anything out.

I also find the lawyer's behavior strange...I wanted an appointment for an initial consultation. We were supposed to be explained how our chances stand.

1. Good chances -> then straight to court, since the landlord will probably have to cover the lawyer's costs.

or

2. Bad chances -> pay for the one-time consultation and simply forgo the deposit. For that, no "further" lawyer and court fees...

And not like it is going now...

1. Request for consultation appointment > I receive a copy of the first letter by email.

2. Request for status, since deadline expired > I receive a copy of the second letter by email.

How the chances stand, I still do not know.
 

HilfeHilfe

2018-06-07 08:37:05
  • #5
Should be smartphones ... called a few times and asked? Otherwise, inquire whether he has a coverage commitment from your RV. If yes, don’t stop now but go through with it. It would be worth it to me
 

Alex85

2018-06-07 09:23:48
  • #6
The lawyer seems to have secured the mandate by creating facts...
 

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