My previous roommate moved out last month and when the landlord came to check the room, a shelf in the wardrobe was broken and there was a stain on the wall – these were the two complaints. And he is charging 300€ for it!

My roommate says that he has a video proving that the stain was there already when he came but the landlord denies it even after showing him the video.

What can we do? I don't know if having a lawyer would be worth it.

Thanks for any suggestions!

by Dizzy-Traffic

5 comments
  1. Does German law take into account normal wear and tear to home appliances? Silly thing to expect these will be in pristine condition when used for a while.

  2. He can’t just make up a number an deduct it.
    It has to either be the costs to repair the damage or for the loss of value

    Additionally the damage must not be from normal use. Like the dirt on the ceiling. It is normal for a ceiling to get dirty spots. If you were not obligated to paint it, its normal use.

    And since I’m sure he will pull this one next. He can only demand the current value of the object. He cant make you oay for a new one if the damaged one is already several years old.

    As a first step, write him a letter back as “Einwurf Einschreiben” stating that you will not acept his charges and he has to provide you with the details of how the numbers are calculated. Give him a two week timeframe to either give you the information or the full deposit.

    Should he refuse you can always start a “gerichtliches Mahnverfahren”. It costs 36€ for that amount of money and if successful your landlord has to pay these costs as well. You can start it online and don’t need a lawyer.

    But first write a letter and set the time limit. I just think it is important for you to know that there is a cheal way to get what is legally yours.

  3. Once I paid 1000€ to remove a little mold next to a door that could have been done in less than an hour by a single person with just a 5€ mold solution from Lidl and some cleaning cloth…

    Sadly, I had to leave the apartment and the country for my new job, and cleaning the rest by myself took longer than I expected. I left it behind.

    A crew of 3 “specialists” came, they charged the owner even the single use shoe covers and masks they were wearing stayed there for hours. 😀

  4. I know people take a very renter friendly position here but also keep in mind it isn’t as clear as it seems.
    Nice to have a video, but did he document in writing when he moved in that the stain was there? If not, why? Because that is what he might be asked if this goes to court.
    Second: if he broke the shelf, how much does it cost to have the shelve installed professionally? A landlord isn’t required to DYI this. You can fight this but if he actually is responsible, and the landlord is forced to get actual quotes, this number can also go up, not down.
    Just keep that in mind when making your decisions.

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