Sharks, they simply can’t get enough. (Food) It’s the same with “rent sharks” (Money)
Anyone who has lived in an apartment for 23 years has probably already paid it off by then. Because 23 years ago, a purchase at the price of the net rent over the years would certainly have been possible. I never decided to do that, and back then that was certainly a good thing. Because my move to Munich was based on the 13th move in my life, and that at the age of 25! Fact is: My landlord has received a considerable amount of money so far.
Fact is, therefore, that the contracts concluded back then are now mostly completely invalid. Sometimes tenancy law is on the side of tenants after all.
Invalid contracts, but my landlord empire and its family members don’t seem to care. I estimate the net worth at approximately 500 million euros. No joke. I’ve known the numbers of houses in Munich alone since I moved in. Just the building we lived in, I estimate at approximately 50 million euros.
Shortly after the termination notice, I receive a visit. First a nice small talk and then the frontal attack. The “rent shark” tries to bite by wanting me to contribute €3,500 for painting the apartment. Just sign here. Excuse me? Wait a minute? That’s not even permissible. Comparative quotes? None. I wonder why?
I skillfully dodge by adding “Consent to participation requires further written confirmation by the tenant for validity.” The shark feels safe. The feast only seems postponed, he thinks.
I do my research, including consulting a lawyer, and get it in writing: “The contracts are invalid as they stand. You only need to leave the apartment broom-clean” so everything done correctly. Yeah!
But what happens next? After a surprise call in the car, I suddenly have a shark on the phone who, although unable to bite (spatial distance), makes it clear to me with his very loud voice that he doesn’t “like” my refusal at all. Good!
But what now? How do I get out of this situation without having to wait forever for my deposit? Because one thing is clear: The purpose of the whole action is to avoid having to refund the deposit. A deposit whose total amount coincidentally comes very close to the desired contribution. A deposit for which I had requested an advance calculation of the interest, which demonstrably did not correspond to what it should have been. You can imagine: Significantly too little.
After consulting with the lawyer, who advises against it, I simply decide to pay only minimally for the last 2 months of rent, €50 each per month. I know the shark will get pretty wild. But I don’t know how else to help myself. I see it as “self-defense”. Legally nonsense, of course, but all the stories I’ve heard from the neighbors prove me right.
The more than 23-year-old bathroom with 3/4 sitting bathtub and gas boiler. Certainly the “dream” of all subsequent tenants.
For those wondering why I’m being so difficult here, it’s simple: Shortly after moving in, I was repeatedly assured that my apartment would be “completely renovated” when I moved out. Because that’s exactly how it has always been done. Since this was one of the few remaining unrenovated apartments, it should be clear to everyone that the bathroom, the kitchen, right down to the electrical system, everything has to be torn out and redone. The contribution therefore does not apply to renovation with immediate rental, but to participation in the renovation, which the property manager had estimated at at least €40,000.
In addition, I am aware of the family relationship of the renovation company, and during an inspection (1 day before the nice demand visit from Mr. X), they confirmed the possible planned renovations, right down to replacing all outlets. This Mr. Y, by the way, is the husband of Mrs. X from the handover inspection, who in turn is the daughter of Mr. X, the property manager from the real estate clan. Exciting, isn’t it?
By the way, until the end I was refused the written statement that the renovation would take place. No wonder, because then the contribution would have been directly void. How one could then increase the rent to €20 per m² (statement from the manager) was beyond me.
How does the bedroom wall look more high-quality? With or without brick cladding? Unfortunately, I had to remove it. But that was also a justified demand.
The Handover Inspection or – Rarely Had So Much Fun!
We arrive punctually for the handover appointment. Two of us. Mrs. X comes alone. (She’s probably still kicking herself for that today)
A cold face “greets” us. Not only because the heating at the end of November in an empty apartment was already somewhat “turned down,” but because it’s already known that I have no desire to participate in the so-called renovation without obligation.
For what comes next, one should not forget that the apartment only needs to be left “broom-clean.” No filled holes, no cleaning frenzy beforehand, not to mention defects due to “normal wear and tear” of the rental property. Let yourself be surprised.
Armed with her smartphone camera, plenty of photos are taken and the defect list is immediately started. What still fit on one sheet for all rooms when moving in 23 years ago now requires one sheet per room. This should be fun.
Then it starts:
- “The windows are not cleaned” – Don’t have to!
- “There are no Busch Jäger outlets installed” – I don’t have to, because the main thing is that there’s an outlet where it belongs (they’ll be replaced anyway)
- “There’s a protective cover on the parquet” – is of course immediately removed – although the parquet will definitely be sanded and resealed
After recording the first room, the page is already full. My remark: “I can’t sign that because it’s not even relevant” is taken note of indignantly. I quickly take a photo of the sheet, just for safety. An action that will have consequences. Because I don’t get more than one photo!
Anyone who doesn’t want someone else to photograph the handover protocol declares the paper including protocol as their “property” and quickly turns the sheets over.
Then it continues:
- “Here the cover for the toilet door lock is missing” – My answer that it’s lying there and just needs to be screwed on after the door has been repainted is irrelevant to her and is only answered with “we’ll have to charge for that then”
- “In the bedroom there’s a large scratch in the parquet” – My answer – “I have a quote from a parquet company that confirms normal wear and tear to me.” Answer “Then have a neighbor confirm that” – Me: “A tenant dependent on you, I think that’s not such a good idea.” She: “then we’ll just get someone from the street to witness it,” Me: “So you think a parquet expert is just walking past the building downstairs?” Then she gives up!
- “The smoke detector is missing in the bedroom” Me: “Yes, it’s here” She: “It’s sealed and may only be reinstalled by a specialist company. We’ll have to charge for that too.”
- “The blinds stick when pulling them up” Me: “Could be, because they’re already so old”
- “The water connection in the kitchen is dripping and there’s a plastic box underneath” Me: “That’s right, I informed you that I can’t turn off the water in the toilet faucet because it spins.” etc.
I think with this “handover conversation” one can recognize the ridiculousness of the panic to find possible defects in Mrs. X’s eyes. I’ve left out quite a bit here. But to illustrate Mrs. X’s objective and for our amusement, it should be enough.
The tear duct doesn’t work when it comes to money.
Now Mrs. X changes her tactics
“Just look deep into your heart, Mr. Groß. Don’t you find it appropriate to stick to original agreements? (She means the renovation obligation). We have always kept our agreements and I am disappointed that you are now behaving this way.” My answer: “No. The legal situation has changed and I abide by the law.”
She doesn’t like this answer at all, of course.
We decide to wait until Mrs. X has completed her inventory and takes her stack of secret papers with her. But wait. The confirmation of the key handover is done in writing, of course also with corresponding remarks, because I had changed the apartment lock once (her father knew about it), but generously had an additional security lock installed. Free additions are of course gladly accepted.
In the end, we’re glad to have survived it and completely forget to photograph the electricity meter, which of course also has a funny aftermath.
Because Mrs. X strictly refuses to send me the photo and refers me to the municipal utilities. I think this is clearly the behavior of a “sulking sausage.”
Into Battle
My fishing rod was ready. The hooks were sharpened and the bait cast. It was time to turn the hunted into the hunter!
- Landlord X sends several reminders. Immediately after the inspection comes the Creditreform demand with hefty fees.
- Objection from my lawyer, with the reference that the rent will be offset against the credit and the interest on the rental deposit.
- Withdrawal of the Creditreform demand
- Submission of a total statement from the landlord, suddenly completely without any demands for renovation contribution.
- Request from my lawyer for confirmation that all mutual claims would thereby be settled.
- Direct confirmation from the landlord.
- The next day they start the renovation there. (Yes, I still have my “spies” in the building)
Well then, it works after all. And suddenly so quickly. No wonder, because the loss already exceeds the planned rental and additional income. Why not like this right away? But when the hunger for money, whether legally obtained or not, is as immeasurable as that of a shark, it must sometimes also recognize that now it is on the hook and not the other way around.
When the hunted becomes the hunter, it can happen that the rent shark eventually ends up high and dry!
Overall conclusion: Witnesses, good documentation, and legal protection insurance can certainly be decisive. But the most important thing is to use your own brain, possibly take unconventional paths, and not let rich landlord clans walk all over you. In our case, it definitely worked.
The greedy rent shark has thereby repeatedly “bitten into thin air,”because he is now missing not only the €3,500 of the “renovation contribution” but also 2 months of rental income of approximately €2,000 each. He should have thought twice before messing with a brave little tailor like me!
Image source: Shutterstock
Texts documented as accurately as possible from memory.
