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

  • Erstellt am 2018-04-09 10:40:40

Basti2709

2018-06-07 10:14:05
  • #1


As I said, I went there once to make an appointment... he immediately called me in and listened to the case. Then he wanted to have my documents to take a look at them. He then gave me 2 sheets to sign. I then threw them into his mailbox because this time no one was available on site.

After 2 days I inquired by email how things would proceed and if he was able to get an idea. In response, I received a copy by email of the letter already written and sent to the landlord. I then waited for the deadline set in it because the letter had already been sent... see post several pages before.

Since I have not heard anything now, I asked again. I then only received another copy of the 2nd letter already written and sent.

We do not have legal expenses insurance and I had already informed him of this at the time.

I consider my chances to be relatively good myself. I have already read many similar cases where the deadline was only exceeded by 1 month and the tenant won.

Only the procedure seems somewhat strange to me... I just ask for an appointment and end up directly in court... I also don’t go to a car dealer to arrange a viewing and he immediately parks the car in the garage for me...
 

Kekse

2018-06-07 10:17:34
  • #2
But if you throw the purchase contract into his mailbox afterwards, he will do that. Or what exactly were those two "sheets to sign" otherwise? You probably gave him a mandate with them.
 

Basti2709

2018-06-07 10:36:51
  • #3


Now I know that too...

I just find it "brazen" that someone seeking an initial consultation is given 2 sheets to sign beforehand that then trigger something completely different. Especially since, as I said, he only wanted to "take a look at it"... Of course, ultimately it is his own stupidity, but it is also rather disappointing from the lawyer’s side in a human sense.

Especially since the website loudly proclaims:

..."Equally important to me is to point out the economic aspects of a legal dispute to my clients early on, so that they can assess the associated risks themselves in a timely manner and in the worst case be spared from economically nonsensical lawsuits...."
 

Basti2709

2018-06-07 10:47:30
  • #4


Since we in any case refuse to pay the 1,200 euros in damages... it would probably have ended up in court sooner or later anyway... at the latest if he had demanded it from us..
 

HilfeHilfe

2018-06-07 13:10:22
  • #5


As I said, you should check if there is a coverage commitment! Writing 2 letters with deadlines is different from litigating.

Don't let yourself sign something shady.
 

Caspar2020

2018-06-07 13:36:15
  • #6


Who is supposed to give an coverage commitment here?
 

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