As this post had gain attention, I’d like people to be aware of the company Insider Apartments
https://insiderapartments.com
Please be legally protected if you choose thier services.

Hello! This issue has been bothering me for a bit. Insider apartments(company for student dorms) made me agree on scheduled cleaning inspection. All of a sudden they started conducting surprise cleaning inspection which was something that wasn’t told to me when I first moved in. The first surprise inspection they barged in and didn’t give us 24-hour notice. Me and my flatmate were not ready (inspection for shared area) and hence they gave us a “warning”(even though they were the one that never gave an official notice). On the official scheduled day, the inspection lady came in and didn’t say a lot , she left after looking at places. I have the proof that I had cleaned and everything seemed okay.

Now the problem: I was specifically never told that the surprise inspection is gonna be the norm. Not even in the contract. Never got any official email from them. I was cooking yesterday morning and had class. I left the frying pan on stove and planned to clean it before going to class. Again , one of the employees barged in and without listening to the whole story she left and imposed a fine on me of 100€. I feel like I have no privacy as they never inform me about surprise cleaning inspection which I never agreed upon at the first place. They said that if I don’t pay them 100 € , they’ll take 150 € out of my deposit. They also threatened to terminate the tenancy agreement. They say that they can do this because I agreed on the contract to keep the place clean all the times. But there was no such clause about unwashed utensils or paying 100€ fine if the place is messy.

Question: How can I protect myself? I have booked at appointment at berliner mieterveneir and my appointment is on Friday. But I am an international student and 100 € is a lot to me. Please help me with this. I have been stressed about this a lot.

Edit: I’ll go to my friend’s apartment and crash in there for a while lol. Living here has given me so much anxiety and the threats of termination of my contract are too much.

**Update: the cleaning inspection lady wrote me on WhatsApp this message:**

**”I have already forwarded your ticket to the management
You will hear from them.
Please be informed that you have already been charged with a penalty of €100.
The last day to pay the penalty will be 29.05.2023.”**

Edit: should clarify what space I share with the other tenants. I share the kitchen (which can be used by the two people living above me) but the bathroom and fridge is shared between me and the other girl, two of us only.

**Update 2: I talked to university and there is a chance that one of the pupil can write the letter for me. They told me to go to berliner mieterveneir and keep them posted.**

**Update 3: I asked them if they can not have surprise inspection as it wasn’t something I agreed upon. I’d wait for their reply**

Edit: Should I get a doctor’s note about my anxiety? My blood pressure is noticeably high because the employees can barge in whenever they want and charge me something for completely unfair.

**Update 4: this is the reply I got back:**

**Thank you for contacting me about the recent fine you received for not cleaning your rental apartment on a regular basis. I understand your concerns and the financial constraints you face as a student. However, I regret to inform you that we must abide by the rules and regulations set forth in the lease.**

**Maintaining a clean living environment is critical to the well-being and satisfaction of all tenants. It is important to ensure that everyone’s rights and responsibilities are consistently followed. With this in mind, we have established a cleaning schedule and penalties for non-compliance to maintain fairness among all tenants.**

**While I appreciate your acknowledging the mistake and making an effort to rectify the situation, it is necessary to apply the same standard to all tenants. To make exceptions in this case would be unfair to those who conscientiously follow the cleaning rules and promptly pay the fines when necessary.**

**I encourage you to look at this as an opportunity to learn from experience and to prioritize your responsibilities as a tenant. Regular cleaning not only contributes to a pleasant living environment, but also helps maintain the condition of the property over the long term.**

**Thank you for your understanding and cooperation.**

**My reply: I am sorry but I didn’t recieve any schedule for the surprise inspections. The only agreement I signed was for the scheduled inspection which i cleaned for and have proof in the way of pictures and whatsapp messages. I was making food In morning and I was gonna cook again at afternoon before class. The surprise inspection is when I was in the process of making meal as well.**

**Update 5: Hello,**

**The inspection was scheduled for the common areas in your apartment and not your room. 
Please be informed the visit to your apartment was scheduled because we received a complaint under your name from your apartment mate.**

**She was informed that we would be visiting there.**

**Please be informed we will be coming again to check your apartment( just the common areas) on a regular basis.**

**Also, Tenants need to be present on the day of the scheduled cleaning inspection.**

**My reply: She was informed but not me. She never told me about the visit.**

**Update 6:**
**To make exceptions in this case would be unfair to those who conscientiously follow the cleaning rules and promptly pay the fines when necessary.**

**I encourage you to look at this as an opportunity to learn from experience and to prioritize your responsibilities as a tenant. Regular cleaning not only contributes to a pleasant living environment, but also helps maintain the condition of the property over the long term.**

**My reply:** **Well it’s not about exception this time. I was not informed by my roomate or anyone. I was ready to cook my meal. I also cooked in the morning at 6:30 am.**

**Update 7**
**We would request you to please make sure that there are no utensils left behind after you are done with cooking.**

**My reply: It was between the morning and afternoon. You came when I was about to cook my meal and clean.**

**Update 8:**
**We would request you to please make sure that there are no utensils left behind before and after you are done with cooking.**

**My reply: Sorry for the grammatical errors in my previous answer. Here’s the corrected version.**

**I am sorry but I disagree with the penalty as my utensils have not caused any permanent damage. I wasn’t informed about surprise inspection nor I was given a notice in my lease that I’d be fined 100 € if my plates were on the stove for a few hours.**

**Update 9:**
**I hope my message finds you well. 
As per your contract, we expect the tenants to maintain a clean and tidy living space at all times.**

**Since we found out that your apartment was not clean, we have charged you the penalty.**

**Please be informed that you are charged with a penalty of €100.**

**The last day to pay the penalty will be 29.05.2023.**

**If we do not receive this amount from your end, please be informed that we will deduct €150 from your deposit.**

**You can pay via cash, card, or bank transfer and share the proof with us.**

Now I’ll not reply them and go to a legal advisor.

Ha I am so tired and drained X.x But I’ll not give up. I’ll put emotions aside and fight with my rights and also study.

**Update 10** **I got an appointment for berliner meteviner for tomorrow. I explained that it’s very urgent and they fixed an appointment. Why the fuck do I keep messing it up? Lol. It’s Mieterverein!**

If there’s any other advice or anything else please let me know. Your contribution is very much appreciated as it eases my anxiety and helps me keep moving on. I’ll keep this post updated until there’s a solution.

FYI I love being in a german university. Makes me feel light hearted. My anxiety has been reduced by quite a bit

39 comments

  1. Wow, I’m cuious to see that rental contract. This seems against all rental laws.

    Is this some kind of hotel? Because a landlord can’t just enter your apartment unannounced without it being flooded or on fire. Certainly not to check the cleanliness of your pans.

    If you aren’t a member of a Mieterverein yet, you should sign up tomorrow morning.

  3. I don’t believe that fine is valid and even if it were, it’s out of proportion. I bet the Mieterbund will tell you that much. Don’t pay. Communicate only in writing, because that sounds like bullying and courts don’t like threats.

    While the landlord is allowed to enter public spaces of a WG without notice (if all tenants rent rooms, not the whole flat), this compulsive checking might be too much.

    If the place is clean, one dirty pan won’t hold as reason for tenancy termination in front of a court.

  4. Student dorms work differently than normal renting apartments. But this sounds unusual and I’m not sure if this company counts as a student dorm legally. You mentioned you’re going to the legal advice of your university, that would be my suggestion too, maybe they’re familiar with this company but surely they can tell you if what they’re doing is legal

  5. “Hiermit widerspreche ich der Strafzahlung. Die Kontrolle fand unangekündigt kurz nach intensiver Nutzung der Küche statt. Sie werden sicherlich anerkennen, dass eine Nutzung der Räumlichkeiten zu temporärer Unordnung führen kann.”

  9. I am not sure, but hard to believe that such inspections are legal. I think No. So you could become member of Mieterverein to get legal advice for free, if you probably accepted them ‘privately’ by signature, or if these clauses in the contract are null. and then dont allow the inspections. See how they react.

  10. Did you get an “official” document about the infraction, fine and possible penalty of not paying? Are any of those mentioned in the contract?

    It sounds pretty shady, like them just making some money on the side from easy victims. Possibly even “under the table” (circumventing taxe).

    Definitely get legal advice. University counceling is probably the best start, as you might not be the first one with a case like this.

  11. Change the lock to your front door, never let anyone in unannounced without your consent. It’s your apartment.

  12. Get legal advise from your Uni and then a lawyer. This sounds highly illegal and they are probably counting on not getting any pushback. A dirty pan on a stove isn’t a health hazard, that’s absurd.

  13. In Germany? That doesn’t sound legal. Definitely get advice with some kind of Mieterverein as soon as possible

  14. I checked their website, they are a commercial real estate company and **not** a student dorm provider.

    Change the locks in your apartment, file a harassment lawsuit, and tell them to get fucked.

  15. Thats insane, invading your privacy, having to live with anxiety not knowing when they will visit. On top of that 100 euro fine… just wow

  16. 1- Check if they can legally enter the apartment without noticing you.

    2- Get a security camera and install it in your apartment. They cost only 30 to 40 euros. They have motion detection, alarm, and online notification.

    3- Collect as much evidence as you can of them not respecting the contact

  17. Not much to say that hasn’t been said already – Mieterverein is your friend. Only wanted to add – take pictures of whatever the inspectors saw in case it’s useful later – EG the pan is dirty but room relatively clean etc.

  18. I believe the german law does allow your landlords to come by for inspections of their property only with prior notice to the renter and only in presence of the renter. So if they show up without notice, you should be able to turn them away. Call the cops if they don’t go.

  19. Yeah. That all sounds illegal as shit. You’ll probably have to sue though if you want to get your money legally.. else, but that can give you even more problems down the line, you can stop paying rent but not moving out to recover your deposit. Could work in theory, but then you are in crash of contract and can get sued. I would strongly recommend against that.

    All in all: cut your losses. Move out asap. Take what you can get. If you can not let it go, THEN get a lawyer to maybe recover some money.

  20. A fine for frying pans inside an oven?
    This mofos would go nuts in latinamerica.
    Make yourself a favor and move out. That gotta be illegal. You are renting that space, that’s your house. Nobody should come in without permission.

  23. i’m german and the only thing in that context that comes to my mind is this:

    “13 Abs. 1 GG garantiert die “Unverletzlichkeit der Wohnung”. Die Bestimmung steht im engen sachlichen Zusammenhang mit dem allgemeinen Persönlichkeitsrecht und schützt die räumliche Privatsphäre, in der der Einzelne das Recht hat, „in Ruhe gelassen zu werden“…. ”

    translated with google:

    *13 para. 1 GG guarantees the inviolability of the home. The provision is closely related to the general right of personality and protects the spatial private sphere in which the individual has the right “to be left alone”.*

    (GG: Grundgesetz = the german constitutional law)

  24. We would need to read the contract but in my experience these sorts of penal clauses are illegal. The general principle of penal clauses is that they need to be proportionate. The objective is to alleviate the other party from needing to prove their damage. German law defines damage as the difference between one’s assets in reality and what the assets would be had the unlawful act not taken place/the required act occurred.

  25. What would be interesting is the contract you have signed. What kind of contract it is, what it says, some hidden details etc. because in the first step, it is binding and the landlord can do whatever the contract allows him to do if you have signed it.

    Just because there’s something illegal in it, doesn’t mean it’s not “binding” in the first instance if you have signed it. But of course you will have no headache fighting it and getting your rights. You already looked for legal advice, so you can be sure they figure it out.

  27. Funny (more like crazy or ridiculous) how she defines “leaving the used pan on stove” as dirty and not cleaning, what if you are about to prepare your dish? Does the contract mention “one must wash the dishes within 1 hour after using it or we will fine you”? What if she came there and you just finished cooking but was stopped bcz of her visit?!

  28. Damn they really told you to get fucked

    Don’t let them get away with it if you can help it. That’s monstrous

  29. 100 euros? Lol wtf I get if it’s at max 25, but 100 is excessive. I would agree if it were the 3rd time I got fined.

  30. I agree with the advice to get proper help from the Mieterverein/Mieterbund.
    They provided me with a lawyer who did all the communication for me when I was in a similar situation. (Landlady claimed I destroyed the wooden floor with my office chair after only 3 weeks)
    Sounds highly invasive, abusive and incorrect what they do.
    Sorry you had to experience this, I know how situations like this can weigh on you mentally.
    Stand your ground & don’t let it affect you personally too much. These methods are clearly routine for them, they are greedy, professional bullies.

  31. Hey, I’m NAL but do know a bit about leasing in Germany. This is my understanding:

    since it is a student dorm and each room is leased separately (I suppose) the rental company can in theory enter the common spaces without prior notice.

    They can’t however impose any arbitrary rules about how these spaces are being used. As long as what you are doing doesn’t cause permanent damage or risk to the property, you’re free to do whatever you want.

    The fine is therefore completely unwarranted, and performing this type of posturing regularly might be a reportable crime (talk to counselling…).

    What you should do: look for a new flat.

    Find a few people in your class who might be interested in starting their own WG or find one to join, or move into your own solo flat. Others have suggested good places to look. If you can, always offer private landlords someone that can translate since many older folks don’t speak English that well. Be nice, wear good clothes when looking at places.

    Go to the Mieterverein thing, see what they have to say. Act depending on their recommendations as far as complaining with the company, paying not paying the fine or filing a Anzeige with the police.

    Make sure your university knows this shit is going on. This is not the first time someone on this sub has a terrible experience in Germany because some lunatic thinks they own the world and can impose whatever rules they want.

    Lastly: whatever it says or doesn’t say in the lease – Germany is a very tenant friendly country and there are laws that trump any clause of a lease agreement if the clause is unlawful. Don’t be intimidated by them saying “it is in the lease so better pay now”. The lease is meant to adapt and detail the law onto real life situations, not make up new laws.

    Good luck, OP! If you need additional assistance, feel free to reach out!

  32. Join the Mieterschutzbund!! They have NO WAITING TIME to access their legal services! Take these pieces of shit (because this is what they are) to fucking court

  33. I’m not advising to give up and I know €100 is a ton of money but when these absurd rules appear out of nowhere, I would also evaluate the amount of stress and time it’s taking from you.
    It seems to me that despite winning or losing paying for this fine and also considering your roommate complaining without telling you plus the predatory rules these apartments have, I wonder if it’s worth the fight.

  35. Well, the Mieterverein will tell your landlord to get fucked, if he doesn’t want a lawsuit for “Nötigung” and “Betrug”.

    Neither is the cleaning clause legal, nor is any form of fines in that regard legal. Also, I HIGHLY doubt, that they’re even allowed to do the regular inspections in the first place. They may enter the common rooms, but most definitely not constantly and inspecting your personal rooms is just straight up 100% illegal, no matter what the contract says.

    Also the Mieterverein will tell them that taking an even bigger, completely baseless amount of money out of the deposit can be charged as either “Untreue” or “Betrug” again.

    And him terminating the tenancy is also 100% illegal. Even if he writes you an eviction notice, it’s null and void. If they try to use force, change the locks etc., call the police on their ass immediately and the police will call a locksmith to change the locks again and bill the landlord and possibly give the landlord a legally enforceable ban on entering the premises again/arrest the one that tries to use violence.

    First talk to the Mieterverein. But just keep in mind that the landlord already committed several crimes, so it’s absolutely ok to also immediately file charges against him at the police station (though I don’t know how much work they’ll put in. It’s just a “minor issue” for them after all – bad thing, but it is what it is).

  36. You might also buy some duck heads or something and leave them somewhere for your flat mate that reported you.

    What a frustrating situation.

  37. You might also buy some duck heads or something and leave them somewhere for your flat mate that reported you.

    What a frustrating situation.

  38. For the anxiety – just go see a doctor and ask for beta blockers/propranolol – very commonly given to students, it simply stops heart rate from going too fast and stops the panic / overthinking. It has no side affects other than feeling calm.

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