Alexis volodine for the landlord tenant problem could you…

Hi,

the renovation clause is illegal ammended in § 20 in the contract (as it staes you always have to give it back freshly renovated even if it is not necessary). Thus in my opinion the renovation clause as a whole is invalid and thus you don't have to renovate (in the main contract it is put correctly, but this does not help).

However, you have to pay for damages you are responsible for.

It will all come down to the question whether the mold is due to not having ventilated frequently enough or due to construcion issues.

The mold appearing also on inner walls to me implies that it is a ventilation issue.

The mold near the windows is tipical for new exchanged windows isolating more than the old ones. If the ne windows are put in the same spot as the old ones, the wall gets too cold on the inside which allows moisture to condensate inside. This is fairly common and has to be tolerated by the user to a certain degree by venitlating more (up to evey 2-3 hours which is practically impossible for people who go to work).

In which year was the house originally built?

In the end if you want to get your deposit back you wil have to sue the landlord. If you hild back the last rent, he will sue you and win as you are not allowed to do so.

If you sue for your deposit the court will assign an expert to look for the cause of the damage. The outcome will depend on the opinion of teh assigned expert.

As the lawsuit will take place time after you moving out, ther won't be proof of the mold. Thus, it is very important to document everything in detail and better to have an expert as a witness look at it. The most secure way would to start preliminary proeceedings in court in order to assess the damage (Selbstständiges Beweisverfahren). But this will cost some money you may or may not recover.

In my opinion the most economic way now would to go to the local Mieterverein, become member and pay them to have a look at the walls. Then you can decide what to do with their help.

If not possible or with litigation insurance (Rechtsschutzversicherung), directly go to a local lawyer.

Regards