Anastasia - Deposit
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Rental information

Rental contract:

Anastasia Shtein

I stayed in the apartment from 01.07.2019 until 15.07.2021.

Total stay of length: 2 years 15 days.

Apartment size: 116.55 sqm.

Location: Prenzlauerberg, Berlin

Monthly rent: 2486.14 EUR
Deposit 7458.42 EUR

Contract:
maxcontract2-1.pdf
141.6 kB


Max has never made a single late payment.

Note: Anastasia claimed the apartment back after two years because of her financial issues. I initially did not plan on moving out this soon but was made aware that a private landlord can reclaim their apartment from their tenants for personal reasons, no matter what the tenant says.

Note that Anastasia currently has financial issues and she now lives in the apartment that I left; both these reasons play a reasonably significant role in explaining why she first decided to go completely ignore any contact I made about the deposit. After being told about the police report I made and that I would take legal action, she said she would keep the 8000€.

Anastasia had been “travelling around the world” during my entire stay, and was never in Berlin. From what I know, she spent most of her time in South American countries, the Caribbean, African countries, etc...

From what I remember of our conversation when we originally signed the contract, she told me that the apartment she rented to me was purchased by her family who I believe are still in Russia.

Note: I lived in Berlin for six years, in 2 other flats before I rented the flat from Anastasia.
Anastasia was the first “private landlord” I rented from, as it was usually always from a professional landlord. I always received my deposit back in under 2 months and always received most of my deposit back.

I paid a 4000€ deposit in the apartment I had before, and they paid me back 3600€. They charged 400€ to repaint the walls.


Move-in procedures:

When I moved in, the previous tenants were leaving the apartment. The key handover took about 10 minutes, and Anastasia did it personally.

The previous did not:

Clean the apartment (The floors where not cleaned)
Repaint the walls

Additionally: They left: a few lamps on the ceiling, a bike hook by the door, and several nails in the walls where pictures to hang. They asked me and Anastasia if it was ok to leave it; I said that I had no problem with it.

The previous tenants were never asked by Anastasia to repaint any of the walls or to clean the apartment.

The flat was great. It’s a neubau, so it looks very new.

There were several spots on the wooden floors that gave a light “discoloration” effect. As if bleach had been on the floor. This was there before we did the key handover, Anastasia was very well aware of it, and there are several images to prove it.

The previous tenants also left minor stains on the walls. Nothing major.

Overall, the claims that she makes are absurd and completely false. Even if I try to put myself in the place of a landlord, there is no way on earth I’d be able to justify claiming 8000€ for a place left in a great condition.

My conclusion of the case is this:

Anastasia has never worked, and the apartment belongs to her family in Russia. (I know this because of a short conversation we had before I moved in).

During my whole stay she was always travelling in tropical countries, I believe that she funded this with my 2500€ I sent her per month.

After 2 years she apparently had “financial issues” which gave her legal reasons to take back her flat and to ask her tenant to leave.

As soon as I left, she purposely ignored any contact I made with her, I strongly believe that her plan was not pay back the deposit as soon as she decided to take back the apartment. Why?

I think that she simply doesn’t have the deposit funds anymore.

Note that she also only replied when I sent her a police report that I made against her and telling her that I would be back in Berlin in a few weeks.

I also have a strong feeling that she plans on selling the apartment and leaving Berlin in a few months, since my claims of a police report and taking legal action originally didn’t resulted in any reply from her. It’s only when I added the fact that I would be back in Berlin that she decided to reply.

Funnily enough, after I told her this and sent her proof of the police report, 4 days later she sent me the breakdown of the deposit, and her claims are above 8000€. She now tries to get away with it, and tries to “legally” keep the whole deposit.

I believe that there are enough images and evidence of her criminal behaviour to easily win this case.


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When I left the flat:

Anastasia was not present during the key handover.

She sent 2 Turkish older men to the apartment to take care of the handover process these were the two identical men that fixed the shower drain five months before the handover.

“On a personal note: I found the handover quite strange. I have no idea how much Anastasia paid them to do this. But they came over as reasonably offensive. Pointing out every detail that they might claim. I was comfortable, as the flat had been deep cleaned, was in a cleaner state then when I received it in, and the minor damages had been reported to Anastasia. [Images in this doc]

For example They pointed out the bike hook at the entrance, which the previous tenant left and that I never touched. I told them that Anastasia clearly knows about this and that I didn’t leave it, but they said to me that they would write it down. Which I was ok with.
Overall it seemed as if they never did this before. Note that again: the two identical men fixed the shower drain a few months back, I paid them 100€ in cash for it, and they gave me their business cards for if I ever needed help with something in the future.”

Another note: One of the guys planned on lighting a cigarette inside of the apartment. I told him that its a non-smoking apartment and that I didn’t think he should light it inside. I couldn’t, however, believe that he was the one doing the check-out key handover and wouldn’t know about this?

Anyway, they took about one hour to complete it; we had a small discussion about personal matters. I went over the papers and asked them to explain everything they wrote.

They explained everything; I received a copy and gave them back the keys. They didn’t write anything significant on the paper, and most of what they wrote was already in the flat when I left.


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Anastasia’s Claims after being told that a police report had been made and I would take legal action after ignoring me for 3 months:

extra Hausgeldabrechnung 2020: 556,46 eur
extra Hausgeldabrechnung 2021: 520.08 eur
Additional deep cleaning 250€
100€ that she “requests back” from the 2 Turkish men that repaired the shower drain a few months earlier. She initially said that she would send a “plumber”, which were those two men that did the handover and said the repair is included. After the restoration, they claimed 100€ from me in cash for 15 minutes of work. She then said that she would pay it back and now reclaims this? It’s only 100€ but what on earth?
700€ for a 450€ oven.
Quote: “Extremely developed mold (Schimmel) damages in the shower.” - I never had any mold in this bathroom, and the two mean that did the critical handover also never wrote any such thing on the paper. She said that I would need to accept the charges for this; she did not include any price. [Check images in this doc]
Stains and scratches on the floors: 2000€
Walls: 4000€


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Damages that where left by me:

The oven: The oven door broke after I tried to clean it one week before leaving the apartment. I immediately sent pictures to Anastasia to make her aware of it.
The teras had not been cleaned. The outside terrace wasn’t “deep cleaned,” which means that there were some leaves outside. Everything had been completely removed; I just did not clear it, which I also told Anastasia right away. [Images attached]



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Notes:

I left the apartment in a far cleaner state than the previous tenants. The floors had been deep cleaned, the kitchen had been deep cleaned, and the windows had been cleaned professionally as well.


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