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alva3172015, Rechtsanwalt
Kategorie: Recht & Justiz
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Erfahrung:  Rechtsanwalt/Fachanwalt
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Guten Tag Fachassistent(in): Guten Tag. Wie kann ich Ihnen

Diese Antwort wurde bewertet:

Guten Tag
Fachassistent(in): Guten Tag. Wie kann ich Ihnen helfen?
Fragesteller(in): can I speak to you in english please?
Fachassistent(in): In welchem Bundesland leben Sie?
Fragesteller(in): 55118 Mainz
Fachassistent(in): Vielen Dank. Gibt es noch weitere Details, die Sie dem Anwalt mitteilen wollen?
Fragesteller(in): I have an issue with the landlord and need advice as I have to hand over the apartment by the end of September

Yes of course. I am lawyer for real estate law more than 20 years.

Kunde: hat geantwortet vor 10 Tagen.
Good afternoon, thank you! I would like to get your advice on a topic with my landlord. I have already moved to a new apartment, and I have to hand over my former apartment by the end of September

Please send the contract and the questions?!

okay. Be more precise...

Or may you give me a call.

Kunde: hat geantwortet vor 10 Tagen.
my bedroom has a teppichboden and got a small damage (size of a coin of 2 euros) which was caused because of me. the landlord has asked my to replace the teppich but only with the exact carpet as he wants which is much more expesnive. I have offered him many options to repair the carpet whihc was not accepted by him, or to replace it with another cheaper carpet wiht good quality but he did not accept it either
Kunde: hat geantwortet vor 10 Tagen.
my quesiton is: do I have to replace the carpet? do I have to pay for the total cost? do I have to replace it for the exact carpet? the only option that the landlord wants? even if the carpet is 8 years old?

How old is the carpet approximately or ask the landlord to send the bill of the carpet to you .

Kunde: hat geantwortet vor 10 Tagen.
the carpet is 8 years old, it was new when I moved in

So you lived eight years in this flat?

Kunde: hat geantwortet vor 10 Tagen.
he most suspicious topic is that the owner got a first specialist with a total cost of 2100 euros, and then when he got the exact carpet, he cancelled this and asked me to replace it with other company and the cost is 2700 euros
Kunde: hat geantwortet vor 10 Tagen.
I lived 8 years in the apartment

You dont have to pay anything. Perhaps you can offer 100 € to replace the small part of the carpet which was damaged by you. Thats all.

Kunde: hat geantwortet vor 10 Tagen.
I need to know my rights to be able to discuss it with the landlord whi always is telling me that it is my fault, that it is my problem, that I have to pay all and he does not have to pay

Look the carpet is old and you paid the rent for the use of the app.

Please press the stars in the right corner. I hope you are content with my advise.

alva3172015 und weitere Experten für Recht & Justiz sind bereit, Ihnen zu helfen.
Kunde: hat geantwortet vor 10 Tagen.
but when I told him that I should not pay, he told me that it was my fault, that I damaged the carpet, that I have to pay 100%
Kunde: hat geantwortet vor 10 Tagen.
my other question is: if I hand over the carpet without replacing the carpet, can he claim against me and start a legal process against me?

Please make photos of the damage and save all the "Kostenvoranschläge".

You pay a deposit?

Kunde: hat geantwortet vor 10 Tagen.
he has 2000 euros

You can sue him if the landlord wont handout you the deposit.

He will try to keep the deposit (the tricky greedy landlord)!

Kunde: hat geantwortet vor 10 Tagen.
ok, but I am afraid that he will sue me for not handing over the apartment with a new carpet, or not?

No he cant sue you....

Just give him the keys and dont sign any protocoll of the hand over. And take a witness with you.

Kunde: hat geantwortet vor 10 Tagen.
no? even if the carpet has a damage? he can not sue me for example because he could not rent the apartment from 01st of October`? he can say that and he is liar, a not good man
Kunde: hat geantwortet vor 10 Tagen.
but if I do not sign the protocol, would not be a problem for me?

I ll be in Mainz at the beginning of october for a meeting with a client. So we can meet in Mainz

Kunde: hat geantwortet vor 10 Tagen.
but I have to hand it over by the end of September and I am afraid that he will take advantage as I do not know the German law

No it wont be a problem. Just hand out the keys and note all the gas and water consumption.

Dont be afraid.

Shall i give you a call?

Kunde: hat geantwortet vor 10 Tagen.
would it be possible that you please send me the text of the German law to have more evidence of my rights? you can not imagine how that person is, and how rude nad bad has treated me all this time

I can imagine. I am working in real estate law more than 20 years.

Kunde: hat geantwortet vor 10 Tagen.
trying to make me feel responsibe for the carpet: he also says to me that I have to return the apartment in the same conditions when I received it and this is with a good carpet

No thats not true!!!

Kunde: hat geantwortet vor 10 Tagen.
is there any german law text?

Sure I can write something in german to the landlord!

No its case law

Kunde: hat geantwortet vor 10 Tagen.
would have this an additional cost?

Yes

I need the contract and the address of the landlord.

Offer a bonus for 60 €

Kunde: hat geantwortet vor 10 Tagen.
there is another question: last week on Monday, we met on my apartment to discuss the topic of the carpet: he, his partner (worker to replace the carpet) and me: his partner (worker) ´damaged´ a part of the carpet trying to take it off to show me how difficult the work will be; can the landlord take this against me? because with this damage caused by his partner, even if I asked him, them, not to do it, and the landlord approved it
Kunde: hat geantwortet vor 10 Tagen.
would the total cost be 60 euros?
Kunde: hat geantwortet vor 10 Tagen.
because wiht this damage, maybe the landlord will notbe able to rent the apartment from 01st of october
Kunde: hat geantwortet vor 10 Tagen.
when would you recomend me to hand over the apartment: this week or just by the end of the month? And should I inform the landlord that I will not replace the carpet?

would the total cost be 60 euros? yes

Kunde: hat geantwortet vor 10 Tagen.
what about if he does not receive me the keys and does not accept the handover? can he initiate a legal process against me?
Kunde: hat geantwortet vor 10 Tagen.
would the german law protect me in this case?

Yes.

Kunde: hat geantwortet vor 10 Tagen.
what about if he does not receive me the keys and does not accept the handover? can he initiate a legal process against me?
Kunde: hat geantwortet vor 10 Tagen.
could he issue a legal process against me in court?

Please accept my offer first and I ll be answer all questions.

Kunde: hat geantwortet vor 10 Tagen.
unfortunately I have to leave now, thank you for your kind advice!

I hope this message finds you well. You need further advise?

Kunde: hat geantwortet vor 6 Tagen.
Good afternoon, I have another question

Sure

Kunde: hat geantwortet vor 6 Tagen.
I have already told the landlord that I will not pay for a new carpet as it was 8 years old, and was asking for a date to handover the apartment, but, he will not receive the apartment until the carpet is replaced with the reference that he wants. He still claim that I have to repölace it, What should I do?

Please accept my additional other for futher questions.

offer