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Old 21.10.2019, 15:29
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Join Date: Oct 2019
Location: Basel
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Terrible hauptmieter which thinks I owe him

Hello everyone, it's my first post and I'm happy to be a part of this community of foreigners in Switzerland ! I'm a french man who studied a year as an erasmus student in Basel and decided to keep working here, learn german, settle in and maybe keep studying in Basel. But everything is not always so pink and happy.

I moved into a wg in Basel in July. Since then everything has been lies and stress :
-i moved in and two weeks after the hauptmieter said that he has to move in three months -arguments over hygiene -arguments about rules not respected by anyone but me for the cleaning, which I can prove with videos -arguments about a wallpaper in my room which was supposed to be fixed but took two months to get fixed without any mention of it by the hauptmieter -arguments which multiplied really and led me to become if not insulting, less patient on whatsapp I have to admit. The hauptmieter forbade me to enter my room and tried to expell me on the spot as I came back from a night shift. He did so by taking the key of the main door which is usually in the mail box, and sending a photograph of the fristlos kundigung.
-as I came back the day after, after having slept in the street, my door which I always lock, was wide open and my renting contract was not there anymore. He issued a fristlos Kündigung, he wrote it signed it and sent me a photo of it, on the 27th of August.
-even though the fristloskundigung was incorrect in that it said that I had to leave on the spot, the Schlichtungsstelle still told me that I have to leave as soon as possible for my own good because it was still a fristlos Kündigung.
-i left on the 13th of September. We signed the Mängelliste, without any damage.
- he told me that I'd receive my deposit the week after. I didn't receive it and asked for news, and if I didn't get any I'd go to the Schlichtungsstelle to force a dialogue, because he refuse ton answer.
- as I kept sending message, not everyday but every other day, he finally answered by threatening to press charges for harassment and coercion, and then a new dialogue began.
- the dialogue was horrible, with made up facts and mockery and no intention from him to pay the deposit, worse, he considers that I owe him for October.
- he kept making fun of my professional situation with explicit mockery and I quote " me : I have an actual job at McDonald, what do you have ? Him : integrity and dignity".
- as the discussion is going he is simply making up lies, which I can for most of them prove wrong with the WhatsApp discussion, photos and some private videos I made.
-he is now threatening to press charges for the money that he thinks I owe him, and for the lies that he makes up about me, can I myself press charges against him ?

TLDR : Terrible wg which led me to face a fristlos kundigung which was recognised as not completely legal (he wanted me to leave the day after and opened my locked door) even though the schlichtungstelle advised me to move as soon as possible because it was not cancelled. After that, with proof on the whatsapp chat, we agreed that I'd try to leave as soon as possible and we would interrupt the contract on the day I leave,he agreed. Is this discussion legally binding ? Since I left mid september, and I'm waiting for my deposit, do I owe him anything ? I'm still waiting for the mediation meeting with the schlichtungstelle, and I may be afraid.

I hope the story is understandable and I gave enough information, if not I'm sorry and I'm willing to delete this post to make a new clear one.
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