

Hello,
I was living in a 3 rooms WG, i moved out since 30th of August.
Today when i woke up i found a message from my landlord telling me that the sink is leaking. He also said that me and my former flat mates are responsible for it and will share cost.
It was fine when i moved in in November and was fine when i left.
Currently he holds 50 euros of my rent insurance and the possible payback for the utilities.
I got a call from one of my flat mates telling me he is in the exact same situation.
I know what is my legal position here.
I don't want this matter to get more problematic.
Thanks in advance.
by Emergency-Factor2521
5 comments
Dont pay shit and contact a mieterverein
That depends on when the drain was “fixed” with glue. If it happened while you were still renting the place, you could be indeed liable for the damage (together with the other tenants). Ultimately the person who did it is responsible but from the landlord’s perspective, all tenants share the burden.
And that’s the tricky part. If you can prove it wasn’t leaking while you still lived there, it was in working condition and you should not be hold liable. Because the glue stuff could have happened before you guys moved in.
If the landlord denies you your deposit, the only way to get it back is by first sending a reminder (in writing, on paper, signed) and then sending them a default summons ([read](https://www.fachanwalt.de/magazin/mietrecht/mietkaution-einfordern)). There are deadlines and rights to consider, just read the linked article.
Question is, is it worth the hassle for 50€?
For what is the “miete”?
Its for living there and in case something brakes the landlord can use this money to fix it
Dont pay it and if they come after you send it to your lawyer, they will be happy to have such an easy case
TBH over 50 Euros, I wouldn’t fight this.
I’d just write back stating that you were not aware of the existence of this defect or when it occurred and that they were given the opportunity to inspect the flat and you expect the return of your deposit. I guess you can also state that even if this had occurred during your tenancy, this was not for you to repair at your cost and you’re supposed that they seem to imply otherwise. Provide your bamk details for the return of the deposit once again as a courtesy.
Other than that, I’d just cease communicating with them and forget about it – even if you fight them, this will cost you more in most time and nerves than the 50 Euros.
50€ not worth the trouble. take it as lehrgeld (learn money) and next time remember to document everything BEFORE moving in and BEFORE moving out. have it signed both times by the landlord and next time you will be safe.