Any input will do!
I moved out from my old apartment in end of October 2004. Until now I haven't got my Kaution back and no Abrechnung at all.
The landlord is a company based in other city.

I tried to contact in June 2005, they said they will send the abrechnung within 2 weeks.
I waited more than 4 weeks, last week I called and they said they have sent out the Abrechnung in June.
We checked the address and it was correct. Anyway he said he will send another one. Today I called again and he said he has sent another last week and promise to check or send again.
I feel that this company doesn't have any good mean.
I feel really angry, it isn't about the money but they feel that they can do what they want that annoyed me very much!

Can any of you suggest what to do?
Unfortunately I haven't any law insurance till now.

thanks in advance.

Hi, my name is sabine and I am a lawyer working for trust7. If you like you can send me an e-mail with more detailed information (for instance how much money it is about etc.) Lawyer´s fees normally are depending on the amount in controversy. I will be able to give you an estimate of costs then.

My e-mail adress is reeder@trust7.com

Regards
Sabine

Dear Sabine,

thank you for your fast response.
As I have said before the Kaution is only 310 Euro. I have checked the Vertrag, it isn't stated the Kaution will be returned in 6 months after move out. I did receive the 'Kündigungbriefe' said that the Kaution will be returned in aproximately 12-26 weeks after move out.

I just called him this morning, I think I will give him time 2-3 weeks time before really take legal action.
I am blind in german law, in this case, if I really have to take legal action, who will pay?

thank you again in advanced.

"I will be able to give you an estimate of costs then."

Geschäftsgebühr - 1,3 x 45 = 58,5 euros + 11,70 euros Auslagen + (work for company? 16% MwSt), if he gives the case over to the lawyer at once, it's most likely that the company will not compensate it

"I am blind in german law, in this case, if I really have to take legal action, who will pay?"

1. send that company a "Mahnung". you must order the company to pay you 310 EUR till - 2 weeks from the date of your "Mahnung". write your account there and a remark that if no payment will be made till that date, you will request a "Mahnbescheid". Mahnung must be sent as a registered brief so that you have a prove they have got it (1,60 euros extra)

2. no payment arrives till that date - give the case over to the lawyer


a question at once: did you get a document from that company that you gave them a flat in the same condition you became it? 'cause if you don't, it's very questionable whether you will get your 310 EUR at all, considering that you moved out in October 2004 and woke up only now.

I just want to add some things concerning lawyer´s fees. After § 286 BGB the borrower is behind schedule with his payment 30 days after due date. Making use of lawyer´s work is the damage caused by delay then, the client of the lawyer can claim his lawyer´s fees from the opponent. In your case jurisdictions says that the caution becomes due at the latest half an year after termination of the contract. Hence your borrower is already in delay, writing a "Mahnung" is not necessary. But we should keep in mind that the first borrower of the lawyer is the client. If the opponent refuses to pay your lawyer`s fees, you can decide whether if you pay your lawyer or you give your lawyer the mandate to file a lawsuit because of the lawyer´s fees. Well, I have to admit that lawyers do not like this very much- filing a lawsuit because of 50/ 60 €. And by the way there is the advance money for court costs of at least 75€ and the risk of underlieing, which is not big but existing.
Regards
Sabine

"After § 286 BGB the borrower is behind schedule with his payment 30 days after due date."

There exist §§226, 242 - 826 BGB as well, those can be interpreted very differently depending on a judge that will hear a case. to be on the safe side, it's always better to send a Mahnung first.

Moreover, writing a Mahnung is necessary in order to learn how the opponent wants to defend against the claim

"And by the way there is the advance money for court costs"

not necesseraly, §14 Nr. 3b) GKG. court of law has to follow that one even when it knows that the suitor owns 10 Mrd. euros although the chance of underlying in such a case will rise drastically

Strange annotation:

§14 Nr. 3b) GKG does not exist. §14 GKG deals with cases on appeal and not with advance money for court costs. Without advance money for the court costs a writ will not be served to the opponent.

You will here the opponent `s arguments as answer to the lawyer`s letter. You do not need to write a "Mahnung" for this.

Regards
sabine

GKG (alte Fassung) § 14  Wertberechnung in Rechtsmittelverfahren

alte Fassung - außer Kraft seit 01.07.2004 (KostRMoG, Art. 8 - BGBl. I Nr. 21 v. 12.05.2004)

Lady how do you calculate lawyer fees? BRAGO was changed on RVG by exactly the same law

GKG § 14  Ausnahmen von der Abhängigmachung
Die §§ 12 und 13 gelten nicht,
1. soweit dem Antragsteller Prozesskostenhilfe bewilligt ist,
2. wenn dem Antragsteller Gebührenfreiheit zusteht oder
3. wenn die beabsichtigte Rechtsverfolgung nicht aussichtslos oder mutwillig erscheint und wenn glaubhaft gemacht wird, dass
a) dem Antragsteller die alsbaldige Zahlung der Kosten mit Rücksicht auf seine Vermögenslage oder aus sonstigen Gründen Schwierigkeiten bereiten würde oder
b) eine Verzögerung dem Antragsteller einen nicht oder nur schwer zu ersetzenden Schaden bringen würde; zur Glaubhaftmachung genügt in diesem Fall die Erklärung des zum Prozessbevollmächtigten bestellten Rechtsanwalts.

I got my Kaution back today, after calling a lot of times. The Abrechnung details wasn't sent, I will ask them to send it.
Anyway thanks to Sabine and Anonym who has given comment.

have a nice weekend.