I am an international student studying in Baden-Württemberg, and am currently trying to move out of my (private, not university managed) apartment, but have encountered various problems.
I cleaned the apartment and repainted the walls etc, as I understood I had to do this, but when the landlord came to inspect the apartment they said I must hire a professional painter to repaint the whole apartment. Some of the paining I did was apparently ok, but other parts they have told me to pay for a painter they know to repaint it, as well as to clean up some small areas where paint spilled (very small drops, not big spills). This seems like it would cost almost €2000 which I can't afford.
After asking a few of my friends, I am not sure the contract I have been given is legally valid, and I think the landlords are lying to me to make me pay more.
My contract states that the tenant (me) is obliged to carry out cosmetic repairs professionally or at my own expense (such as how I have done as I did some painting) 'insofar as these become necessary due to the contractual use of the rental property'. I don't think any repairs were necessary, as there are not large holds in the walls, and I have painted over any small marks etc, it is still entirely able to be rented again. The landlord though has said it needs to be painted professionally to a 'well crafted' standard, but there is nothing my contract which states a quality or standard of painting.
The cosmetic repair clauses also note that if the apartment is not handed back in a renovated state that I am not obliged to renovate it myself. I don't think it was renovated, as when I started renting it there were still some things in the apartment from the last tenant.
From reading other posts here, and research on various legal sites, I have found that the Federal Court of Justice has said cosmetic repairs would only be required after 5 years, and I have only lived there for 3 years and that the only requirement is that the property must be suitable for re-letting. I have also seen some advice from the Mieterschutzbund that says most cosmetic repair clauses are invalid.
My main question is whether I am obliged to pay for the landlords to hire a painter and to clean up small bits of paint (at €30 an hour!), as I don't think these are legally valid.I don't mind doing a bit more painting or try to clean a little where some of the paint has also gone onto other parts (eg the side of a door), but I don't think its fair to pay for a painter to come paint it all.
The landlords gave me the option to pay another 2 weeks rent so that I could paint more. I have asked to think it over but haven't signed anything yet etc.
Secondly, I am concerned about my Kaution. I have paid €1185 (3x cold rent) but I have also paid €790 Sicherheitsleistung. I also don't think this clause is valid but it seemed reasonable to me at the time as I am an international student. I understand that a deposit can only be up to 3x cold rent.
So my fundamental questions would be:
- Do I have to carry out cosmetic repairs, hire a painter etc
- Is it valid that I paid 2 different deposits
- If I cite various laws and rulings that I have found online, is this likely to make the landlord back off?
I have tried to be helpful in doing cleaning and painting, but am very worried about this and intimidated by the landlords. I don’t think the contract is fair, and suspect they are trying to trick me into paying more rent and getting a free renovation out of me.
by Deerfowl
7 comments
Hope you can clear it up. If you don’t get a sufficient answer here, you can also try r/LegaladviceGerman
Just commenting for the algorithm…
I am quite sure your landlord tries to rip you off, as is usual. I never heard of Sicherheitsleistung?!
It seems they think you are easier ripped off because you don’t know your rights etc.
First of all, the landlord cannot enforce a specific painter to do what he needs. If it is needed, you still can find much more affordable painter for example. Tbh, it seems like the landlord is just dragging you more to pay for a longer stay or for a specific kind of renovation he wants. I would suggest to contact a mieterverein if you are a part of one. Cosemtic repairs also has a limit by law as far as I understand.
1. No
2. No
3. No
Go to the “Mieterschutzbund”, your landlord acted illegal with point 2 so he/she will act like that in every way and will keep your “Kaution” (and the second payment, for whatever this should be) if you don’t get any assistance.
1. If contract says you have to handover appartment in same state as you have received, patch painting looks like shit and I bet you wouldn’t like to get that either. So either do it properly or hire a pro.
I am sorry you are experiencing this. Without going into to much detail, in general you can expect the rule: “give it back as you got it”. Of course it also depend a little bit. You were in there only three years. That means that the landlord can expect that the flat is not completely trashed and you can also expect that you just have to do the basic work (paint the walls, fill drill holes, deep clean). Now regarding the painting. It is absolutely sufficient to paint it yourself. Nevertheless the landlord can expect a sufficient result. In your case, I do not know how good your result is, but given that you did a decent job the landlord can f himself. Nevertheless, if your job was bad, he might be in the right, demanding for a more professional job. Regarding the depositits… yeah that was illegal. Deposit is max 3x cold rent. That “Sicherheitsleistung” was a cheap and illegal way of circumventing that.
Point 4. clearly says you don’t have to renovate if you didn’t receive it renovated either.
Since you already did it and got wall paint on the floor and doors, you may now be obliged to remove those stains because that’s not how you received it. But not to repaint the walls if they weren’t newly painted when you moved in.
Do you have “Übergabeprotokoll” and/or pictures?
And yes, the second deposit is illegal and you’re probably not getting it back unless you go to court over it. Dodgy deposit stuff is always done for the landlord to just keep it.
(not a lawyer, my opinion is not legal advice)
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