Won by the ÖH: After months of intervention by the ÖH, the claim for damages due to damage to a student’s apartment can be halved without court proceedings.
After moving out of a rented apartment, doctoral student T turns to the housing law counseling service of the Social Department of the Austrian National Union of Students (ÖH-Wohnrechtsberatung) for help. The deposit for his apartment in the amount of € 1,500 is not refunded to him by the landlady. But that’s not all. T and his wife, the second main tenant, also receive a claim for damages from the landlady’s lawyer for a further € 3,500.
The deposit would be retained because of the 2-month notice period and the claim of € 3,500 is to cover existing damage to the apartment and legal fees. Damages would be due because of the necessary mold removal in the kitchen and bedroom, for replacing the kitchen countertop, sanding the floor, replacing some co-rented and defective residential items, and for cleaning costs.
The withholding of 2 additional months’ rent astonishes the couple, since an immediate move-out was first agreed verbally and amicably with the landlady. Moreover, the claim for damages appears to the couple to be unjustifiably high. The two tenants are willing to compensate for the damage they caused to certain furnishings, but a claim of € 5,000 cannot be legal, T and his wife are sure.
The ÖH housing rights counseling advocates for them. Some of the issues raised by the landlord’s attorney are “ordinary wear and tear” and are not compensable. Thus, costs for mold infestation that is not the fault of the landlord, the sanding of the floor without excessive wear and tear, and an apartment cleaning that has been carried out must be borne by the landlord. In addition, in the event of damage to co-rented furniture, the current value and not the replacement value is used. This also does not appear to have been taken into account in the landlord’s final statement.
In tough, month-long negotiations between the ÖH and the lawyer of the opposing party, an agreement between the parties can be reached. Thus, the landlord waives compensation for its legal costs and the assertion of formal errors in the termination. Part of the claim concerning the cost of repairs to the apartment is also waived. Finally, instead of the new acquisition value, the current value of the damaged parts of the dwelling is demanded.
After 5 months, the intervention of the ÖH-Wohnrechtsberatung succeeds in reducing the claim by half from € 5,000 to € 2,500. The tenants are extremely satisfied with the result and happy about the success achieved – without having to go to court.
Won by the ÖH: After months of intervention by the ÖH, the claim for damages due to damage to a student’s apartment can be halved without court proceedings.
Other successes from consulting at www.oeh.ac.at/geschafft.
