Mietkaution questions

[u/One_Tadpole6999]

I‘ve been living in my apartment since April 2018. I’m planning to move out in March 2027, so nearly nine years. When I moved in, I paid a cash security deposit of €2000 (which I thought was questionable because my Kaltmiete was €600 and that was more than 3x but I paid it anyway). I got a receipt scribbled on a scrap of paper.

My rental contract says the apartment was last renovated in 1988 (!). But my landlord made me anxious because my son’s dog, who is here quite often, made tiny, shallow scratches on the parquet flooring, and when my landlord saw that, he said, “oh, that will be expensive!”

It’s my understanding that parquet has a life span of 10-15 years, so I don’t see how I would have to pay anything for a 39 year old floor.

I also don’t want to be responsible for painting either, as there are vaulted ceilings which would be impossible for me to paint.

I really like my landlord and get along great with him, but am worried about getting back my €2000. And would I get interest?

We did not do a protocol when I moved in.

Also, should I get a Rechtschutzversicherung or join a Mieterverein before I give my three months notice?

Thanks in advance!

[u/mexell]

Join the Mieterverein, now.

[u/MyPigWhistles]

A Rechtsschutzversicherung is always a good idea, I would recommend it anyway. It's just a good feeling to know that you always can get legal support and never have to back down when you're in the right, just because you're intimidated by lawyer and court fees.

Regarding the floor: The legal question would be if the damage can be classified as regular wear and tear or not. Usually I would say yes, but since it has been caused by a dog that was never approved by the landlord (because it's not your dog), maaaaaybe that could be an argument. However, even if you would be liable, you damaged a floor that is 38 years old anyway. Scratching it is definitely not a reason to make you pay for a brand-new floor.

Regarding the walls: The expectation is that tenants who received a freshly painted apartment when they moved in also hand a freshly painted apartment back. However, I've heard that's more of a social custom and not really legally binding, if it's not in the contract.

[u/One_Tadpole6999 → u/MyPigWhistles]

Thanks! I did ask about the dog and he was approved. The neighbors told me that other dogs lived in the apartment before me.

The apartment was most definitely not freshly painted before I moved in.

[u/No_Step9082 → u/One_Tadpole6999]

usually if you damage something (as opposed to wear and tear), you are liable to replace the "Zeitwert", so the actual value of the specific thing. The question will be: what's the monetary value of a 39 year old hardwood floor vs. the value of a 39 year old hardwood floor with some minor scratches.

hardwood floors are particularly forgiving because it can get sanded and resealed. Pretty sure that will just be some standard maintenance costs for the landlord. Unless it has been sanded recently - ish and the tenant caused damage.

[u/One_Tadpole6999 → u/No_Step9082]

Definitely was not sanded before I moved in and there were some deep scratches that I took photos of

[u/PrepareforGermany]

With the parquet flooring having gone nearly 40 years without renovation, its economic value is zero, meaning your landlord cannot legally charge you for minor scratches. Furthermore, your 2 000 Euro deposit exceeded the legal limit of three months' cold rent and must be returned to you along with all accrued interest since 2018. It is best to join a Mieterverein before giving your notice so they can review your contract's painting clauses and protect you during the final walkthrough. Legal insurance is generally recommended, but it usually comes with a three-month waiting period before you can make a claim. So in this particular case it won't help you much.

[u/One_Tadpole6999 → u/PrepareforGermany]

I won’t be giving my three month notice until December so have time to

[u/PrepareforGermany → u/One_Tadpole6999]

Even if you sign up today and don't give notice until December, the damage to the floor already exists right now, and the lease was signed long before the insurance policy started. When the landlord eventually holds back your deposit in March, the insurance will argue that the root cause of the dispute predates the policy and will refuse coverage.

[u/One_Tadpole6999 → u/PrepareforGermany]

That somehow doesn’t make any sense to me. The dispute over damage wouldn’t commence until I give notice. And everything I’ve read, normal wear and tear on a floor is not “damage” and this is a 39 year old floor

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