Hi there,
My landlady is asking me to settle my outstanding rental payments in cash (July and August) before I finish my rental contract at the end of next month and move out.
I can´t see this anywhere in my contract so I´m guessing I don't have to agree to this. I am also not that fussed about walking around town with 1600 euros in cash on me - even though I live in Munich ;-)
Anyone else heard of this happening before?
James
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Landlady wants outstanding rent balance in cash
Currently one month from leaving my apartment
PS: I´m not a member of a Mietverein.
Your rent is, I suppose, due by the third working day of the month. If you haven't paid July yet she has every right to demand immediate payment, even in cash. Same applies to the August rent if you don't transfer it in time.
Tell you will pay that when you get all your Kaution back!
That should stop her in her tracks!
That should stop her in her tracks!
I would be very reluctant. With an überweisung you can prove you really paid. You are under no obligation to pay cash. But ask her why.
She must have a reason. And if she has a good reason, you can say fine, but you expect a 10% deuction for cash.
She must have a reason. And if she has a good reason, you can say fine, but you expect a 10% deuction for cash.
She has the right to demand it. But does she have the right to demand it's methord of payment? You could always ask the Finanzamt in a mail...
QUOTE (jfraney @ Jul 30 2008, 10:35 am) 
I am also not that fussed about walking around town with 1600 euros in cash on me - because I live in Munich ;-)
O HAI! I FIXT UR COMENT!
Also, what Sarabyrd said. You're late with the payment and she's got the mortgage to pay.
woof.
Finanzamt - excuse my ignorance but whats that?
August rent not due until 8th of the month. She wants in cash tomorrow.
QUOTE (jfraney @ Jul 30 2008, 10:42 am)
Finanzamt - excuse my ignorance but whats that?
The tax man.
No way. If it's not due, you don't pay. But if you haven't paid July yet cough up and demand a receipt.
if you haven't paid July yet and it was due on the 8th and it's almost time for the next rent payment, she's probably worried that you'll move out without paying both months...
Why should you pay for August before its due.summat not right here mate looks like a landlord shafting to me, becuase you are moving out
just ask for a receipt. (as sarabyrd says).
and agree with Rilana. she is worried that you don't pay. (in her shoes, i would be asking for cash too )
and agree with Rilana. she is worried that you don't pay. (in her shoes, i would be asking for cash too )
Alternatively, tell her to take it out of your deposit (which she should have in a bank account under both names)
She may be asking you for the cash now to prevent you from doing just that
She may be asking you for the cash now to prevent you from doing just that
QUOTE (Derekbeggs @ Jul 30 2008, 4:37 pm)
Alternatively, tell her to take it out of your deposit
This is not legally tenable. The Kaution is only returnable when the contract is completed to the satisfaction of both parties, which in most case means you have or will shortly move out leaving the apartment in a mutually agreed condition, and your rent is up to date. You can negotiate alternatives, but the Landlord/lady could enforce this if required.
Pay her July if that is what she is owed, wait till August until paying next installment. She may have a mortgage to pay it is only fair to give her what is due at the very least. I don't blame her for being a bit nervous.
QUOTE (YorkshireLad6 @ Jul 30 2008, 4:41 pm)
This is not legally tenable. The Kaution is only returnable when the contract is completed to the satisfaction of both parties, which in most case means you have or will shortly move out leaving the apartment in a mutually agreed condition, and your rent is up to date. You can negotiate alternatives, but the Landlord/lady could enforce this if required.
This has been discussed before:
QUOTE (sarabyrd @ Apr 22 2008, 3:33 pm)
Mietrecht-Ratgeber:
They don't want me to quote the original German text for copyright reasons.
So the landlord is entitled to use the deposit to cover unpaid rent but, if I interpret the German text correctly ("Wird die Zahlungsverpflichtung auch nach einer Mahnung vom Mieter nicht bestritten, kann der Vermieter wegen der ausstehenden Mieten auf die geleistete Kaution zurückgreifen.") there had to be a reminder. The site does not state if this reminder has to be in writing!
...
QUOTE
"As the deposit secures and ensures the complete range of the landlord's claims arising from the lease he does not have to wait until the termination of the lease and use the deposit for redecorating, repairs or supplemental costs. He can also allocate the deposit to missing rent payments during the lease if the tenant is in default.
But the landlord may only use the deposit during the lease if the claim is either undisputed, assigned by a verdict or if the allocation is in the tenant's best interests. The landlord must verify if the tenant disputes the obligation to pay (e.g. in the case of reductions to the rent) or if he really is in default. If the tenant does not remit the payment after a reminder by the landlord he may then use the deposit to cover the missing rent."
But the landlord may only use the deposit during the lease if the claim is either undisputed, assigned by a verdict or if the allocation is in the tenant's best interests. The landlord must verify if the tenant disputes the obligation to pay (e.g. in the case of reductions to the rent) or if he really is in default. If the tenant does not remit the payment after a reminder by the landlord he may then use the deposit to cover the missing rent."
They don't want me to quote the original German text for copyright reasons.
So the landlord is entitled to use the deposit to cover unpaid rent but, if I interpret the German text correctly ("Wird die Zahlungsverpflichtung auch nach einer Mahnung vom Mieter nicht bestritten, kann der Vermieter wegen der ausstehenden Mieten auf die geleistete Kaution zurückgreifen.") there had to be a reminder. The site does not state if this reminder has to be in writing!
...
QUOTE (sarabyrd @ Jul 30 2008, 5:22 pm)
This has been discussed before: ...
The situation here is slightly different in that there is currently no formal dispute. The OP can't (as other posters are suggesting) simply reclaim the Kaution and tell the Landlady to "take it out of that". If the OP is in arrears, and the landlady follows correct procedures in issuing reminders, then that's a different story. In that case not only can she take the rent from the Kaution but also interest and additional costs that may arise in pursuing the claim.
The point being that the landlord/lady may - under certain circumstances - access the deposit during the rental period and does not have to wait until the lease is terminated.
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