0

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?


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).

  • I do not know how exactly this SE works, so if the question is too much specific please tell me before you flag the question so i can refine it maybe to more general, thanks! I really need the help. – Sir. Hedgehog Jun 23 '16 at 19:49
  • Welcome to the site hedgehog! This question is on the edge of being a little specific, and would require us to give some specific legal advice. But I may be wrong. Let's see what others think :) – Zizouz212 Jun 24 '16 at 1:58
  • @Zizouz212 i was thinking of it as well, but still it could be taken as a possible case scenario and not as a real situation... – Sir. Hedgehog Jun 24 '16 at 4:30
  • "For the third month I had paid Bob the 450 euros but he never gave the landlord for a specific reason, Peter has accepted that he won't be paid the rent for the last month." That phrase does not make sense. Did you mean "he never gave them to the landlord"? Please edit your question. – sleske Jul 8 '16 at 23:19
2

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.
  • Thanks for the answer 1st of all. Second of all, if the 3 months pass and he doesnt give the deposit back, what am I entitled to do? I know i can go to a lawyer, but that would cost money and in the case Bob has spent my deposit (which he is not allowed to spend) I wont be taking my money back and plus i would have to pay the lawyer, right? – Sir. Hedgehog Nov 17 '16 at 9:42
  • 1
    That's actually a different question, but yes, you would probably need a lawyer. If you are not able to afford a lawyer (or a lawsuit), there are instruments like Beratungshilfe and Prozesskostenhilfe that might be able to help you out with that. There are also non-profit organizations that can give you legal advice like Vebraucherzentrale and Mieterverein. And yes, he is not allowed to spend the money, because it's not his. He has to put it on a separate bank account and has to prove it in case you ask him. – Sefe Nov 17 '16 at 9:48
  • 1
    One more thing: In case Bob has spent your deposit this could be a criminal offense (Untreue). In this case you'd have to go to the police. – Sefe Nov 17 '16 at 9:54
  • I am very glad reading your response, I will be going to the police then :) You have been of a great help :) – Sir. Hedgehog Nov 17 '16 at 10:36
  • I doubt police will get involved with a civil case. You should find a lawyer instead (which might be more expensive that taking the loss). – Eike Pierstorff Nov 17 '16 at 12:26

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.