I am looking for any help/advice on the following issue.
We rented through Wunderflat an apartment from the 20th of March, which, according to the description, should be "brand new", and the photos show a very nice, fully renovated apartment. Unfortunately, our previous search on immonoscout24 was fruitless, so due to the need to move out of the old apartment (a very nice one also rented through Wunderflat), as well as family troubles (death of the father – funeral the day after tomorrow by the way), we chose a specific offer and, according to the rules, paid the deposit and the first month's rent in advance.
We paid attention to details and looked at the photos very carefully. All the picutres, doesn't shown any single defect that we discover first day.
During the handover of the keys on the first day on which we were supposed to sign the handover protocol when we entered the apartment (which we hasn't signed!), we noticed that the condition of the flat was in bad condition (wallpaper falling off, peeling paint on the wicket windows, very damaged parquet floors with holes under which you can see what is underneath. We also found some strange walking two bugs (we have pictures). We refused to sign the protocol on the spot (it was evening). When we returned to our house, we sent immediately information to Wunderflat (and the owner) that the apartment was in poor condition and sent all photos documenting this. The next day, we immediately contacted wunderflat, stipulating that we wanted to withdraw the contract because the apartment was in a completely different condition than shown in the description. Unfortunately, so far, contact with wunderflat has been poor all day. We did not get any information (despite numerous phone calls and reminders); in the end, the landlord responded only that our remarks to the condition of the flat could be included in the handover protocol so we would not have a problem when moving out, not commenting that the flat is entirely different from the offer on the website. The next day, we informed again both the landlord and wunderflat that we wanted to immediately witdraw the contract and that we had suspicions that the apartment might contain harmful lead compounds in the frabs (the windows were peeling in a very characteristic way, very old, as was the building (1930s). After testing for lead the same day, we have no doubt that our fears were confirmed. The testers show the presence of the lead in the framings of windows everywhere. We sent this information to the owner and wunderflat (which acknowledge only that we did good think reporting to it to them, and they will try to get in touch to me). To date, no response.
How can I withdraw from this contract? In my opinion, the agreement was made in bad faith (Bösgläubigkeit?), the defects were deliberately concealed, and the description saying brand new is clearly misleading. We are not considering moving in at all because of the lead (it is very toxic in itself, and my partner has very serious health problems due to an autoimmune disease). So from my side I consider it as a health hazard as well.
On the wunderflat website there is only brief info about possible termination that include those health hazard
https://wunderflats.com/de/help/post/75000054571
Does anyone have any idea what our rights are in this situation and how best to get out of this situation?
by yaslaw