Hallo,
Ich habe einen Brief von meinem Vermieter bekommen, ich war weg und habe es gerade bemerkt.
Mein Vermieter sagt, dass ich 1.840 € an unbezahlter Miete schulde. Das war das erste Mal, dass ich davon gehört habe. Ich habe immer den Betrag bezahlt, von dem ich dachte, dass ich ihn zahlen müsste (389 €).
Es scheint, dass die Miete Anfang 2024 erhöht wurde, ich wurde jedoch nie darüber informiert. Ich habe die vorherige Erhöhung (389 €) erhalten, den Brief habe ich noch, also habe ich das immer bezahlt. Anscheinend sind es jetzt 449€.
Mir wurde zu keinem Zeitpunkt mitgeteilt, dass ich den falschen Betrag bezahle. Keine Briefe, keine E-Mails, keine Telefonanrufe, nichts. Es sind nun schon fast zwei Jahre mit falschen Zahlungen vergangen und niemand hat versucht, mit mir in Kontakt zu treten und es wieder in Ordnung zu bringen. Ich habe alle Briefe, die mir mein Vermieter jemals geschickt hat, und sie waren nicht da.
Ich habe das Gefühl, dass es in der Verantwortung meines Vermieters liegt, die Zahlungen früher zu prüfen und mich zu informieren.
Ich kann es mir im Moment nicht leisten und habe die Frist bereits verpasst. Ich werde meinen Vermieter kontaktieren, bin mir aber nicht sicher, ob ich ein Standbein habe, auf dem ich stehen kann. Kann ich etwas dagegen tun? Ich glaube wirklich nicht, dass ich für etwas bezahlen sollte, von dem ich nichts wusste.
https://www.reddit.com/gallery/1ok3hgz
Von Labelloenchanted
15 Kommentare
**Dont** answer ur landlord now, first go to a lawyer.
Else this could get ugly, depending if ur landlord is a jerk or not.
So the rent increased to 449€ at the beginning of last year? You must have been informed about this, check your documents and ask for the documents if you don’t have them!
If that’s true the demand is legit but honestly it’s very strange to wait so long and let you pay the wrong amount for so many months
Lawyer up, immediately, if you were not notified of an increase in rent. Your landlord has to put everything in writing concerning your apartment (increases in rent and other stuff).
He can‘t request you to pay all that if he really didn’t sent you a rent increase before that. You should talk to a lawyer or join the local Mieterverein and talk to them. They often can help with problems like this.
Well if you’re rent is increased Anno 2024 you should have received a NEBENKOSTENABRECHNUNG in 2023 were this is stated but the point is that you received money from your landlord cuz this is then much unlikely
You did misread the rent contract, which is normal because they don’t sum up all the side costs. They seperate between Facility management and other costs like internet.. etc
Pay them all in installments, and next time when you get a contract. read it carefully and summarise every condition mentioned, because there are always some hidden clausels that you get to see later on.
I think you have a reasonable case to present that you did not receive the info. It’s not like you didn’t pay at all or anything. But as another person said, maybe talk to a lawyer.
the landlord can claim missing money for 3 years. but the increase was legally not happening if you not received the letter. the landlord would need to proof that you received it(that it ended in your mailbox).
you can try to ask in r/LegaladviceGerman to get a more detailed answer.
Evection Takes time .
Contact the Amt für wohnen they can help and give you a loan without interest.
It is possible that your base rent has remained the same but the landord increased the Betriebs-/Heizkostenvorauszahlung because you either had to pay extra on your 2023 Abrechnung or they knew costs would increase because of higher gas prices or similar. In that case the increase would most likely have been stated in your 2023 Abrechnung.
My landlord always put in the very last page from the nebenkostenabrechnung, specifically to separate the cold rent from the utilities increase. Double check that, and also double check in your contract. My previous apartment had a 2% raise by year and I had to do the calculations by myself (which later was found to be illegal but I got the money back when I moved out)
Fuck landlords.
Do you have a „[Staffelmiete](https://www.promietrecht.de/Mieterhoehung/Staffelmieterhoehung/Erhoehungszeitpunkt/Staffelmiete-Mieterhoehung-erfolgt-ohne-Mitteilung-des-Vermieters-E1335.htm)“ in your lease? Then, your landlord isn’t required to notify you about the increase. You already knew it at the time you signed the contract. The Staffelmiete can be against the local Mietspiegel and therefore void. That is maybe something you want to research further. But, open up your lease anyways and check the numbers. If they are correct, you write them a letter saying that you missed the increase, but can’t pay the whole amount at the moment. You offer to pay in increments starting with the most amount you can right away. Make a plan when you pay what, communicate your plan to them and then stick to it.
If you don’t have a Staffelmiete, it depends if you have a „Sozialwohnung“ or „Indexmiete“. Did you need a „Wohnberechtigungsschein“ to lease the apartment? Then, they can just tell you that they increase the rent. The same with Indexmiete, where they can just inform you. In those cases just pay the rent and write your letter, like I stated before. If none of these cases are true, then they should’ve gotten your agreement to the increase in rent. You obviously didn’t agree, since you weren’t informed.
In that case (usual apartment, no increases previously agreed via lease) write a letter that you weren’t informed, that you didn’t agree to the increase and that you dispute the claim. You should either get a lawyer OR become a member in your local Mieterschutzverein, which is a tenant’s protection association and they usually offer legal counsel for little money.
With giving you a deadline they did the first step to get their money from you the legal way. You may want to act **now**.
Was your rent increase from May 2023?
You were already short 480€ rent at the beginning of 2024.
What are the 453,39€ from November 2024? Was this for utilities?
That said, unless you have Indexmiete or Staffelmiete in your contract, you must accept a rent increase (by writing or by paying the increased rent)
Your landlord cannot raise the rent unilaterally.
So, check your rental agreement. Unless it’s written in there, ask the landlord for proof that you accepted the increased rent.
Get a lawyer, ASAP. Or Mieterbund!
He could have recognized a long time ago that you dont pay the correct rent. A mindful landlord would have seen that you probably didnt get the letter on the first „wrong“ payment. After recognizing he would have to send you a „Zahlungserinnerung“ to remind you. On the first Zahlungserinnerung you could have written back „Hey I know just 389, why is it more?“ The next letter by your LL would be „We sent a with a rent increase announcement dated to DD.MM.YYYY, you find a copy of this letter in the letters attachment. Please send the difference ASAP. If you have any questions we are happy to help. KR. etc etc etc“
Yes he could have easiely seen you got the numbers wrong, Yes he has to inform you and send you a copy with the announcement as soon he became aware of.
If he is a good landlord he will try to contact you and will try to figure something out to get the stuff paid over a period of time (Zahlungsplan).
Did your neighbours get a letter with an increase? Missing a letter happens the best so dont judge yourself too much bc of that. If the tenant is willing to pay, and the landlord is willing to figuring something out, this is not an issue at all. Happens all the time. If this was my house, i would suggest a 100 € extra each month until the dept is done. In numbers 549€ for 18 month. Written down on paper and signed by both parties. Done.