Landlord promised partial refund of apartment rent - how can I enforce this?

Question

I currently live in Germany and I have rented an apartment for three months with monthly cost 450 euros. The deposit/caution was 1,200 euros.

My problem is that my landlord (let's call him Bob) is not the actual landlord of the house, he has rented it from the original landlord (let's call him Peter). Currently we are on the last days of the 3rd and final month. So for the first two months all the economical business is ok. For the third month I had paid Bob the 450 euros but he never gave the money to the landlord. For a specific reason, Peter has accepted that he won't be paid the rent for the last month.

So Bob told me that I will get the last month's rent back (because he didn't pay it). Until now he never gave it back.

So my actual question is what can I do by German law if he doesn't return the 3rd month rent and the deposit?

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I have a contract for all what I am saying and on which all facts about the house are stated. Also he told me that I will get my deposit back on the 1st of July (so one day after our contract finishes).

Answer 1

There are two possible scenarios:

1. Your contract is with Bob, not with Peter. In this case it doesn't matter if Bob did not pay his part to Peter. Your contract with Bob does not involve him. Peter will have to ask the money from Bob. But that also means that, as long as you had access to the house, you are not entitled for a refund for the 450 €. The deposit is a different story. As long as there are no reasons to hold back the deposit (e.g. for repairs you have caused), he will have to pay it back (with 3 months of interest).
2. Bob was acting Peter's proxy. Your contract then is with Peter. Then it will matter if Bob has accepted the money in Peter's name and was entitled to do so. That means you have paid to Peter and have to ask him for a refund. Otherwise, you can ask the money back from Bob. In any case you can ask the deposit from Peter.