Some time ago we received the resignation of our landlord. This followed a this dispute over the fees . The lawyer of our landlord thought he could rely on termination on § 573a BGB . One feels like an honest Mietnomade before, if you receive such a notice, just because you are not among the charges on the table let them go. We pay our rent by standing bravely, the rented treated properly and are quiet. The obviously not enough, so that § 573a BGB as a welcome means is good to put the dispute over the fees to an end.
All right, so it was a process in place for the ancillary costs including the evacuation process. The action of our landlord was rejected as early as October 2010. Now we got to the end of 2010, namely yesterday, a letter from the opposing lawyer in which he asks (in addition to all sorts of nonsense) in the last paragraph to be notified when we intend to vacate the property. Since I could not help but laugh. Has the man not because realized that we the Process have won? Is the so-witted? We could live purely theoretical until we fall over.
Although it is in fact so that we expressed in the process, no later than mid-2011 to move out for personal reasons do anyway, but this is dependent on a few factors mentioned in the process. And merely by a "space" can anyway be no more talk, because after a ruling in which the invalidity of the dismissal was found is what it is a new termination by us is required before we take off, what a lawyer but actually should know. Otherwise, I know that is exactly as all previous experiences, such as the Other side would behave: they would insist on the continuation of rent payment, so we would at least after the "liquidation" in any case would have to cancel and three months rent paid no consideration.
the way we have the last charge settlement almost invariably (albeit with reservations) fully paid, since at least this time the correct key was set. However, we have a position of the note does not pay: the general stream. It has been now been determined that the general power for all kinds of electrical equipment used with our in-house resident landlord, such as a freezer and for a Telephone system. There is even an extension cord goes into the basement of our landlord, there are other devices were connected. When I saw him in writing to task, he finally came up with the protection claim that he would withdraw from the general electricity costs a certain amount. It is unclear however, whether this is true and how he wants to have calculated that, for a separate meter is not appropriate. His lawyer claimed
still flat, the settlement could not be challenged. Of course, he avoided statements and / or standard reference. When I pointed out the electricity bill could thus serve quite the offense of § 263 StGB came in yesterday Leave now sweeping assertion, my view was "simply incorrect". Of course, again without explanation or reference standard.
The opposing lawyer knows the way, that one of two recipients of his letter is a lawyer. Still, he does not consider it necessary to communicate at eye level. His letters are full of polemics and in particular his letter of yesterday contains not a single legally usable set. Pretty sad. I'm going to give me the time and therefore refrain from (requested by him) "short-term return statement.
On that note: Happy new year to all our readers!
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