I need some advice and help....
I live in the flat 1 year.At the time I took it the flat was havingproblems with moistrue and the walls where with pills.
The owner made some repairmants but after 3-4 months same happened.Ihave several time inform over 'hauswerwalter' and the owner too, but not reaction.
Befoe one Month I have recive 'HEizkostennachzahlung' in amount of 780€ for period of 6 months.
The owner proclaim that I am gilty and wated the payment immediate.
I mean time mean all family have made doctor testings if we are having some problems with the condition of the flat.
I got ATEST result from blooth analisys that I am alergic of moistrue and pills and got earned plumm astma..same with my children.
I got info that I can go out from that flat immidiate without waiting 3 months 'frist'.
That I will do...but I need help about what to do with the so high 'Heiznachzahlung' couse after the repairments which owner made, we need to warm the flat and 'trocknen' ...(was in midle January).
Also in I got the flat from 1 january and paid all 'miete' but used only 1 room couse other where under repairments.
In mean time I got infor from theowner that we are 'dummer ausländer' with 'schrecklische kinder' and we are 'unerwunscht' and would be nice if we 'verschwinden' from the flat as soon as we can.
I went to lawer, but he request sameamount for the 'deal' as I have to paid for the Rechnung.
i mean time she raiss up the 'mite'from 450 pro Months up to 700 € (including nachzahlung und nebenkosten - with explenation that the vertriebkosten und oil kosten sind und wird hoch).
If she where close to me I would kill her as dog.
Any idea?

My comment:
1. if the moving condition was as your description, then it is written in aufgabe protokol right? So you can go to lawyer and you can win.
2. Do you have the Miete statement about all bad stuff in written form?
3. Verwaltung can't reise price like that, I think there is certain law that regulate about this.

If you have all the necessery proof and if you are right as you have written, you should have no problem to go to lawyer to suit your landlord.

Sabine has written once about the aproximation of the lawyer cost, in your case 750 euro is worth a try.

One more question: you seem always have a trouble with the germany. Have you ever evaluated yourself if it is really their problem or your attitude? sorry just wonder.

I had a problem with humidity as well. In winter, I almost always close the windows, so it is humid and mould in the house. I asked other neighbour, they never have the problem. Well If I have to pay for the reparation it is my responsibility because it is my fault.

have a good day!

very simple,
you pay 70 euros per year, you get mietrechtschutzversicherung for these issues and help when needed, send my greetings to your landlord, mine tried to send me a similar rechnung for 1200 euros, at the end i did not pay the 1200 and he paid me 200 back with the help of mieterschutzvereine, the difference between honesty and robbery was 1400 euros for my case.

If you had done the membership already you would have saved your ~700 euro. Wake up!

http://tinyurl.com/92d59
and
http://www.mieterbund.de

Thanks for ideas and advice...I go to lawer...


@VP_2004
Yes I have only problems in Germany and I do not have any luck at all.

i got the same problem in winter season, moisture were growing in my appartment, so did one of my neighbor. The problem was that we didn't open the window long enough to wind the appartment. So we did it 4 hours a day for abt 3 months, the mositure did disappear. what I am trying to say here is that the problem could be on your side. check it b4 going for legal action.

@mmtt:
Max said that he has moisture problem was already there when he moved in to the department so he can win the case certainly.

@Max:
if it isn't the case, you should reconsider the legal action.
In germany, the loser has to pay for all the legal fee :-)

I have ATEST from the doctor that me and my kids are having alergy of 'pills' and we are 'krank' and I use a astma pump...
I have enought to go immideate out of the flat and search from her other things....like 'straf geld'...
I repeat..I have so much problems in germany couse I always believe that are nice and undestandable people, but till know I have not meet.

This might be of some interest to you ....

http://www.toytownmunich.com/archive/apartment_redecoration_laws.html

it is a little bit hard to believe when one said kill like a dog, isn`t it? :-)

1 fact disturb me though, if one accept Wohnung übergabe protokol without any concern, that mean the mieter accept the WG condition in move in.

I doubt if one can sue for someting that was caused by himself carelessness.

I was writting and writtin and I have use 'back' button to see something so all text is gone...
I have no willing to write all again...
But I have a case and the lawer inform me that I have many thing in right....
For those who are interested I will worte the issue when finished...

But Dear VP_2004, and other IT coulegues, that what you have ask me about my 'luck' in Germany has put me in side to make a new debate in this Forum.
I think that are many as me who have same or others problems couse of this thigs...
- Not knowing good German language and German mentality (folowing the advance of Germans who use the position and place and put 'finish dinner for eating' infront.
- Angs couse if the speak and search the rights will loose that on what they are believing and hoping...on our case 5 years prison ( genehmigung fur arbeit and genehmigung fur ofenthalts des genehmigung fur ofenthalts fur genehmigung fur BE oder NE oder...)
I think that the way of 5 years working with several typs of permitions who are 'bindet' with companies names and some 'arbeitgeber' name under it which in case of loosing the jobs give you 'no visum no work permit and loosing all'...smell as people humanity and right of humanity and next case on which I would like to seach an answer.
You see...some arbeitgeber is (in my cases and in many other I believe) a small God who is doing all what he wants and the undersign person is 'virtualy' pusshed to do all that arbeitgeber wants, couse the arbeitnehmer is 'ownership of the arbeitgeber.
Let me simple...You have your visum that is bindet with the company who give you and the workpermit and residence status and right to stay and work and earn the money.
So if something is not OK for your boss, he push you out or force you to work form him as he like.
If it is not OK for you...I wold like to hear your answer...Please!
Amd please, do not tell me that you have not been in some familar case or there are not others who are working 9-10 hours a day at job or are not smilled at back or must work overhours or in 'Wochenende' or ah...lets hear some other thing...
And why?
Loosing the visum and living in Germany...
My case with my Vermieter and previous problems are just one 'bindet' with my visum status...
And all that follow to one...MY JOB wich is signed and stamed from my BOSS.
If he did not like my and I do not all for him...I have problems and I have to go out of Germany.
So your turn my friends....

See that is the mentality that made condition even worst. 'in Deutschland bleiben ist alles!'

The fear that you have to leave germany and in doing that give one mentality loading that you have been pushed / have to do all to satisfy your employer otherwise you will loose your job and in the end loose your chance to stay here.

sometimes I worked in WE, but I feel happy to do it. I know that company won't pay me for this work, and actually it is illegal. So what is the big deal? my german colleague and my manager sometime do it. important things is job finish and everybody happy. -> to my opinion it is again mentality problem. If you do something voluntarily with a good will, you won't feel it as a burden right?

About the binded visum, one actually always has a choice, you can pack your clothes and go to other country where you think it is better.

I can't say myself don't enjoy the working condition and the payment in germany, but if I have to leave, it is okay for me. We are an expert and we don't afraid that we can't find a job in other company or country that appreciate our skill, right?

Nobody owned you anything, it is all back to our attitude.

In the end -> be positive!

The good news is that with determination and hope ;
Time allows us to acquire the language skill
and an understanding of the mentality.Thus integration evolves but Know thy self is no abuse.;-)

So, as I can see, you agree with me, but you make your therapy with positiv thinking and energy, right?
So, can you please come and work for me and I will pay to you with your positiv entusiasmus.
Sure if you do not like it, you can pack your bags and go where your skils are needed because your are an experts.

Problems with landlords is a very common thing in Germany. This has happened to many, and not just foreigners. I know a few cases personally. This is also a common topic of discussion is some of the forums, and it was also discussed some time back in trust7 too.

You could also read some other experiences here: http://www.toytownmunich.com/forum/index.php?showtopic=6613

After keeping the caution money for a long time, the landlord assumes that, it is his money and is very reluctant to part with it.

Ever wondered why there are so many "Mieterschutz" and "mieterverein" here ?? And they offer services for such low rates.

There are mainly 3 insurances one must take immediately after landing in Germany, because you never know when you would need them. And usually you would have a 3 months waiting period. So the sooner you take the better for you.

* Health Insurance
* Legal Insurance
* Mieterschutz

Moisture and fungus (Pilz) is a lack of the flat you are living in. This give you the right of an impairment. But condition is that the landlord knows about it and you will have to proof this knowledge. Therefore the savest way is to write a letter by Einschreiben Rückschein telling your landlord about this lack. From this time on you can reduce the monthly rent. You can reduce the rent as well also for the past, if you have another proof of the landlord`s knowledge in the past for instance with a witness. The next question is how high the reduction should be. Jurisdiction is not consistent, but I would say in these cases at least 10 % of the netto rent you pay. At the same time you can claim a compensation for your health problems, if you can prove that they are caused by this lack. With the information you gave, I think that the amount you can claim from your landlord will exceed the 780 € Heizkostennachzahlung. Hence it would be smart not to pay this Nachzahlung and write a letter to your landlord stating that you count up with your demands and that your demands are exceeding the amount of the Nachzahlung and that he should be happy if you do not claim money from him because of the health damages. I please your understanding that I cannot take any liability for the above written because it only depends on the provided information you gave in this forum.

Regards
Sabine

Please be mature.

I amn't the same as you.
I accept this as fact and I just have to life with it. This country has offered you job and it doesn't owned you anything.

Thank you again to Sabine for the comment.

Thank you Sabine, thank you VP and others...
I was to lawer and mean time I have made an ATEST of moistrue alergic and ilness by my two children.
For me it is positiv and by my wife come out that he got some 'cista' at left side of throught so we have first to resolve this with my wife.
I was to lawer and he told me that in the Nachzahlung sometings is not OK..i.e the grundkosten und nutzfläche are totaly diferent and also are exposed the grundtax costen for 2004 althow I have the flat from 01.01.2005.
Also thus repairments I have paid at the first months all miete cost but receive the rest rooms up 01.02.2005 and for 6 months abrechnunzeit from 01.01 till 30.06.2005 can not be so much warmwasser webrauch and heizung ablesenwerte zu hoch.
So the lawer is taking care of it and we are moving in new flat in the end of this week.
I have first alone ask my 'vermieter' about his but not got the answer so I have take your advice and went to lawer.
Yet I am wating the results of my NE (I hope positiv) and hope for some better winds.

@VP
Sorry man but this year is not so good for me.Seems you right that this country gave me the job...but (ha,ha,ha here is always that - BUT...) remeber that they where asking us to come and to work and they where needing our qualifications and nolidgmente...so I was not the one who was looking on any price to come at all.
Cheers!

Max, sorry to hear your family health problem.
Wish you good luck!

Thanks VP...