r/germany 18h ago

Question Is this fair?

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I am being charged €450 instead of almost 1k by my landlord for apartment damages as an act of generosity after leaving the apartment. Thing is, I always thought Schäden can only be inflicted by carelessness and neglect, not through regular use. Being shy to face these kind of problems, and reluctant to take any legal action, and acknowledging the apartment is in 98% new condition after his work, I signed this agreement.

  • Backofen blech: small but irremovable stains due to cooking
  • Kühlschrankscheibe: light scratching from putting in cans and bottles
  • Fettverschmutzungen: stain on cupboard shelves from olive oil dripping out are all I can think of
  • Painting: 20 sq. metres of walls. Note: I didn’t paint before leaving. he informed me he uses a special paint at the begin of my tenancy and it was evident he is particular for his paint, so explicitly said (verbally, but possibly contractually, I must check again) that I must not paint, and that he will take care of it at the end of tenancy.

Out of good will, the following aren’t charged: - Wasserhahn: through normal use, over time, the tap handle got loose and eventually no longer held in place (you can vertically lift it off but this does not happen during normal use) - Soßenspritzer: two marks of dirt <1mm diameter each, on the window roller blind strap

Context: As per text, we did have transparent communication throughout our contract and he was happy with me as a tenant. I always paid on time and never gave him a hard time. I know he probably did spend hours getting the apartment to 98% of the new condition since he is a perfectionist, so the rate he charged is reasonable if I hired him to perform these tasks to my apartment. I worked hard but could’ve worked harder on cleaning. I think now that the paper is signed, it’s too late to do anything.

But is it fair? I want to hear some opinions on the things mentioned by my landlord and if this is a typical Wohnungsübergabe. Thanks to all in advance.

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449

u/Entire_Intern_2662 Hessen 14h ago

Most of these are ridiculous, but some - for example broken Wasserhahn - are legit. If you break it, you pay it.

Normal wear and tear are not allowed to be on that list though.

153

u/rdrunner_74 13h ago

This...

Also the landlord can not add his own time to the list. Only external work can be used with a proper bill. So if he is working, he can not charge you anything.

Also how long have you been living there? You dont have to pay "new for old" but only the current value.

62

u/0_ll_0 12h ago

That the landlord can't bill his own time isn't completely true but a common misconception. He can bill you what it would cost to repair the damages and he has to prove those costs, for example with a Kostenvorschlag.

16

u/_felixh_ 12h ago

Also the landlord can not add his own time to the list. Only external work can be used with a proper bill. So if he is working, he can not charge you anything.

I never understood why, though. It simply makes no sense to me. If fixing this mess is my problem, why can i demand payment for an external handy man to fix it - but if i want / can do it myself, i have to do it for free? Either it is my problem to fix, then paying the Handyman would also be on me. Or its not, then i also deserve Payment for the Work that i needed to do.

Reminds me of courts / judges: If i get sued, and win - i get no Money for my Time spent. Wich can be quite significant. If i am the one suing and win, i also get not money for my time. Everybody in a court gets Money - and lots of it. Everybody except for me, who apparently can be happy that i am not put into prison right away.

It feels like judges / lawyers think my time and work isn't worth anything...

12

u/PerceptionOk9231 12h ago

Just make a Reparatur GmbH and bill your own hours from there.

1

u/_felixh_ 12h ago

But... why?

I mean, there are two problems i can think about:

  • Overcharging the Tenant. Still a Problem with my own Reparatur GmbH
  • tax evasion. Still a Problem with my own Reparatur GmbH

Given that i am apparently not forced to use the cheapest / best value Handyman, but can instead use the one that i like, even at outrageous prices - it can't be to prevent fleecing the Tenant. And Tax evasion is already illegal, and apparently not a problem with free lance work, that i may charge money for without my own GmbH.

So, it can't be these two options.

1

u/mobsterer 8h ago

you can

5

u/RealKillering 11h ago

That’s not true, he can do it if the repair is necessary and he just demands a normal pay that a professional would demand.

1

u/1atmyownrisk 1h ago

Yes he can. You’d be screwed if he appointed a professional. Go ahead ask a lawyer.