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Old 11.04.2021, 15:46
Urs Max Urs Max is offline
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Re: Scammed by the Hauptmieter

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Thanks newtowitz!
The 30 days mark will be in a couple of days. Is it "business days" or including weekends and holidays? Who should I complain to and how? (i.e. do I need to send an express official letter?)
30 calendar days, though if ending on weekends that may affect (extend) that a bit.

See the map on the right side of this page for which SchlichtungsBehörde is the one responsible for your area. Personally, I'd call first to ensure it's the right one, and ask for directions on how to proceed (is email usable, or does it have to be mail or registered mail?) plus applicable time limits/dates. And is it Ok to send incomplete data, e.g. with the form linked below missing? Does the minimum contract duration, if any, mentioned in the contract apply?

Is your room furnished? Basically, bed+wardrobe+table+one chair provided by the renter means it's furnished. In that case your notice period should be much shorter.

Talking about entire unfurmished apartments only, the main renter can't let for more than 10% of his rent, and the owner must have been informed about the sublet and the conditions applied.
Not sure how partial rents are calculated, but I'd expect each renter's private space/area to be the determinant factor, also worth enquiring.

I believe the main tenant must have handed you this form filled out. Given it's a sublet, I wouldn't be surprised if you're also entitled to know how much everybody else pays, you need that to determine how everyone's share is calculated. It looks like there's no way around handing the form to the (new) subrenter, i.e. to you. Failing to do so may extend the 30 day limit mentioned above, another thing worth enquiring with your SchlichtungsBehörde when you call them.

Oh, and of course he has no business being in your room, or use anything that's yours, including your cabinet. In theory simply forbidding him doing it again should do, but in practice it's advisable that you can prove your doing so. If it's mentioned in your contracts as yours, that should be proof in and of itself (also worth confirming with the SchlichtungsBehörde).

And yes, Mieterverband membership is strongly recommended. You may also want to ask them how much it costs to have a representative of theirs on the spot.

Good luck.

ETA:
If the SchlichtungsBehörde finds that the rent is excessive, in my experience a reduction is retroactive and apply to the entire duration of the contract.

Last edited by Urs Max; 11.04.2021 at 16:00.
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