Dear GCs,

If anyone has gone through this, Pls advise!

Pls bear with me for the long story.

Its now approximately two and a half months since I moved. When i was shifting, my Landlord made a routine check and told me every thing was in the right Order but he did not sign anywhere to show this. On renting the flat where I stayed for almost a year, I paid a 3 months Deposit amounting to about 1,300 Euros. In addition to my monthly rent I was payind "Nebenkosten "After doing the routine check, the landlord told me he wd pay my Deposit (Kaution) after geting the water and Heater Bills for the whole flat (Flat had about nine Residents). When I asked the time he expected the bills he told me he is not sure but he gave me a tel. number to call and ask from the company which does the billing.

I called in Nov (after one month since i moved). The company told me they had done the costing and the billing for the house in october. They also told me that the Landlord got the bills early November. I called the landlord but his Tel no. is off, any you can only leave a message and a number where you can be contacted. I left like 8 messages coz I called the number fro 2 weeks, but No reply.

At last I got an idea, went to Newspapers where I also found the flat when I was still searching, to check for flat advertisements compared the area and the flat sizes, then Picked the advert which describes almost the Flat I used to stay in. The contact no. on the Advert was different from the one I had but I said let me call. My call was diverted to a mail box but i didnt leave a message. After a minute I got a call back. And it was the voice of my Landlord. I was out of words for him!!!

I told him to pay my money. He told me, he admits he got the bill, but now he has to contact two companies i.e for water and for electricity, these do the actual allocation of the bills to the individuals. He told me this can take 2 to 3 months, he is not sure coz its not easy to get a "Termin" with these companies. after waiting almost 3 months now I think this is daylight robbery, I cant trust him?

Is there any one with experience on this? what can I do? Can I see a lawyer? which Lawyer?

I would say he has cheated you.

If he didn´t sign an Uberbageprotokoll, you are lost, or at least your money. Or part of it.

They have cheated me in a very similar way.

My advice, contact the Mietersverein in your area, and become a member. Perhaps it´s late now for this Kaution, but it will help in the future.

Anyway, he can hold the Kaution up to six months, as I was told on my Mietersverein.

Perhaps he will say in the future, that there was something missin or broken in the flatt, and he will keep some money fom your Kaution. This way he can cheat you.

They cash very fast, but pay back very slow. They keep your money and get some interests, I think. I don´t know.

Contact the Mietersverein in your area. Tomorrow. After three months of being a memner (usually) a Lawyer can represent you, and send letters to you ex-landlord.


Grüße aus Bayern.

Fabio

The word "Mietersverein" revealed no google results but "Mieterverein" did. Just for your information.

Jep, MIETERVEREIN. Without S.

Fabio

Hi All !
I want to get my kaution money(for apartment) back after 6 mths of waiting. This is clearly stated in my contract and I have cleared all heating and other bills after moving to a new apartment.
Now this person refuses to take my phone calls or meet me.
So I am unable to get my kaution (rent deposit) of 3 months back.
I have tried very hard to contact this person.
I had thought several options. One of the option is to contact RechtsAnwalt , another is becoming a member of Mietverein.
I do not know which one is better. I do not have a rechtsanwalt versicherung.
I live in München and have contacted Mietverein. But they seems very indifferent and the problem is I can get their service only after becoming a member and waiting for 3 mths.
If anyone had this problem before , plz provide me some suggestion. I would be very grateful ?

I had a similar problem once with an appartment that I've rented from a person that I later found out wasn't really a landlord, but rather took himself the liberty to rent the place without the knowledge of the real landlord. Anyway he took our 3-rent money ammount in advance and had the intention to evict us, me and my wife after only 3 months living there, and keep our money of course.

We immediately contacted a lawyer, and this was a very good idea. After listening to our story, the lawyer simply asked for this person phone number and called himself to clear out the situation. He couldn't get the other party at the time so he wrote a letter.
Soon enough we received our money back, got through to the real landlords, and later on kept the place where we still live in.
We didn't press charges since we were short on money and didn't have "Rechtsversicherung" (which I recommend) but the lawyer cost was relatively low as to the potential loss of greather sum.
That's my story, hope you get something of it. I suppose these thing happen all the time.
The german lawyers are someone you don't want to mess with. Hats off!

mobilink.