Problems with rent deposit, debt collection, etc.

I have had good experiences renting in Berlin, but in the past year or so I have had a horrible one. To cut a long story short a Hausverwaltung and Markler lied to me in order to get me to move into a flat just prior to building work starting on creating multiple attic apartments directly above me. You can probably imagine how noisy this might be. This made the flat unusable for me since, as I originally explained to them, I was intending to work from home.

I have moved out now and have just finished a lawyer negotiation over the rent reduction for the remaining time I rented the flat before I had the opportunity to move out. We have agreed that I owe 900 euro rent, but the agreement did not take my deposit (Kaution) of 600 euros into account. I told my lawyer I did not want to accept this agreement for this reason, but my lawyer accepted it anyway(?!).

I already have indications the Hausverwaltung is scheming ways to keep the Kaution money (despite the fact I left the flat in perfect condition), so I really do not want to pay 900 euros in lieu of fighting for them to give me back the 600 euros. I don't live in Germany anymore, and don't intend to go back. Can anyone give me advice about what the consequences would be if I did not pay this 900 euros. What further debts would be incurred by me as a consequence of debt collection (vollstreckung)? Would it prevent me from legally establishing their debt to me in regard to the unreturned Kaution?

I would be grateful for any advice.

dont think they will chase you over 900e ,esp has your out of germany,cause they know they have your 600 in their pockets.

What is the name of the Hausverwaltung, not Berolina by any chance? Very similar to our experience...

Thanks for your replies. No it was not Berolina, they are called Piepenburg Verwaltungen.

My impression is that under German law one can cheaply engage the State to collect the debt, and thus the Hausverwaltung is likely to do this. What I don't know is what repercussions this could have, for example would it make it difficult to ever live in Germany again (visas, bank accounts, etc)? How can I establish that the debt is only 300 euro without having to first pay them 900 euro?

The State does not follow private debts, the bailiff who executes titles is, however, a state-installed civil servant who only becomes active on the creditor's orders.

If you do not pay the negotiated €900 the house management may obtain a writ covering the remaining €300. If you have deregistered in Germany you do not have a domestic address where the court order leading to the writ can be delivered. Make sure that your name was removed from the bell and the mailbox, the court order does not need confirmation of receipt, only of delivery. The court order cannot be followed up without delivery, the management cannot obtain an executable writ.

However, if they have your home or other address - depending on the country - the management can request cross-border aid and have the court order and - after the relevant response period - the writ delivered to your home address abroad. This writ is an executable title and remains valid for 30 years from the date of issuance. On any return to Germany it can be executed, however, I highly doubt that an alert will be posted with the immigration authorities for an original claim of €300.

The statue of limitation for claims resulting from a private lease is three years (§195 BGB), beginning at midnight on the last day of the year in which the claim accrued. Any claim resulting from non-payment of rent in 2008 becomes invalid on 1 January 2012, 0:00:01am. If you return to Germany after that date and they ferret you out demanding payment tell them to go to Helen Wayte.

On a side note: If the management keeps your deposit the interest accrued on it must also be subtracted from any remaining open rental payments, reducing the remaining amount.

I am surprised you didn't question your lawyer on this issue. But I suppose that your confidence in him is non-existent after his past actions.

EDIT: To ensure that the management does receive the €600 deposit you have to give written consent of release to the bank. But that is where the management may obtain your home address. Be prudent.

Sarabyrd,

Thanks for your brilliantly informative post!

You have inspired me to find out more about the legal aspects of this problem. One question, my name is not on the door or the postbox of my old Berlin address, but I have not deregistered myself from that address with the local authorities. Does that mean they would be legally able to serve the writ at my old address?

Thanks again for going to the trouble of responding so thoroughly, it has helped me a great deal.

I am also curious, how costly would it be for the Hausverwaltung to go through with a Vollstreckung? What additional debt is accrued by the person who is the target of the Vollstreckung?

Technically you have a valid address in Germany and deliveries there are effective.
The costs depend on the value of the matter. I would say another easy €200 within Germany, I don't know about execution costs abroad.

You forgot to mention the "Öffentliche Zustellung" (public delivery)


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Bewilligung und Ausführung der öffentlichen Zustellung

I did think of mentioning that, especially when OP confirmed that s/he hasn't deregistered. But for €300? Not in my experience.

Once again, thanks so much for your replies. I have emailed similar questions to my lawyer, but I never get answers as informative as these!

Thanks again