Back to Germany forum

How can I cancel contract between myself (landlord) and property management co.?

Posted in Germany forum

How can I cancel contract between myself (landlord) and property management co.?

  • Go to Frank (confidential)'s profile

    posted by  in Germany forum 

    You can ask the property manager to send you a bank transfer receipt for that payment - or you ask the relevant authority whether it was paid.

  • kld bda

    Yes I recevied this from my property manager .

    posted by  kld bda in Germany forum 

    But how can I know if he paid the tax or not if there is no invoice given by tax office ?
    Or how can anyone prove he paid Ground tax or did not in Berlin ?
    The property manager actually send me a document that he claimed it is invoice but I was surprised it had no stamp or official signature.
    But still he did not explain this to me.
    It is not good for a landlord to keep guessing information while the property manager does not answer him.
    I think he is not doing his work by ignoring my questions.
    I will have to contact a lawyer .
    But this will cost also money .

  • Go to Frank (confidential)'s profile

    posted by  in Germany forum 

    Ground tax (Grundsteuer) is collected by the twon council, due by regulation and no invoice is needed.
    The procedure might vary by location, but where I live a statement of tax due and collection dates is sent to the property owner at the beginning of a calendar year. If you didn't receive it, you can probably ask the authority in charge for this information. Such official statements are often automatically generated documents without stamp or signature.

  • kld bda

    Ground Tax

    posted by  kld bda in Germany forum 

    Do you know if an invoice is issued every quarter when Ground Tax is paid ?
    The property manager send me a document that he say is an invoice but it is not stamped.
    Is there is a way I can attached a SCAN copy of it on this tread ?

  • Go to Frank (confidential)'s profile

    posted by  in Germany forum 

    My understanding from your somewhat unclear post is that you are a property owner,the property is rented out to a tenant and you engaged a property management company with taking care of it, incl. collecting the rent.
    If so, the following applies:

    • Does landlord have strong position now to terminate contract before its date?
    No (unless there is proven fraud or other situations that allopw a no-notice termination, which I cannot see in your case).

    • Should landlord ask tenant to pay rent directly to him now to avoid any more unexplained deductions from manager?
    You can do that, unless the management contract specifies differently.

    • How can landlord terminate the Power of Attorney given to his manager?
    As far as I know, it can be withdrawn by written notice at any time. But please confiorm this with a lawyer (and prefereably let him write the withdrawal notice, too).

    • What is the format of Notice of Termination that should be send to manager. Should the above issues be written in the Notice?
    A regular termination at the end of the contract period does not need to state the reasons, but it is better to have it written by a lawyer, too.

    • Will the manager still be responsible to refund to the landlord any invalidated deduction he made?
    You can claim any incorrect deductions back from them. Again, it is advisable to engage a lawyer for this.

    The situation could be very different if you are not the owner, or you did not directly engage the management company (e.g. it is an appartment in a building with WEG, and the WEG engaged the management company).

  • kld bda

    posted by  in Germany forum 

    Contract says “can be terminated in writing with a period of notice of 3 months to the end of the respective year.”

    But I need to terminate the contract now since manager deducted a total of EUR 441 from rent () with no explanation. If this was paid for Ground tax. Where is the Invoice? He did not send it to me when I asked for it.

    Landlord was asked by Hausverwaltung to pay €369.77 on 22 December 2017. This payment was due since 2016. What is this money for? I manager is not replying to this also.

    I asked WHV to explain to me why Hausgeld increased EUR 89 but no answer since last December 2017 Also, I asked what part of it should be paid by the tenant but no answer?

    I asked to Send me document showing Betriebskostenabrechnung 2016 & Betriebskostenabrechnung 2017 but no reply.

    On 1 February 2015 the Landlord signed Building Management Contract and send it to the manger. Until now the property manager did not sign the contract or send it to landlord.

    • Does landlord have strong position now to terminate contract before its date?
    • Should landlord ask tenant to pay rent directly to him now to avoid any more unexplained deductions from manager?
    • How can landlord terminate the Power of Attorney given to his manager?
    • What is the format of Notice of Termination that should be send to manager. Should the above issues be written in the Notice?
    • Will the manager still be responsible to refund to the landlord any invalidated deduction he made?
    Thanks

  • Go to Frank (confidential)'s profile

    posted by  in Germany forum 

    The answer is: It depends.
    Check the contract you have with them - it should state how to terminate.
    Alternatively, ask the contracing company, they should know.
    Or post more details here and I might be able to advice.

Post a reply