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key

October 20, 2009 | 30,00 EUR | answered by Andreas Scholz

Dear Sir or Madam,

I was an au pair in Germany from 10.01.2009 to 18.10.2009. The au pair contract was terminated prematurely due to differences between me and my host family. Now I have a problem, as I forgot my keys to my apartment in Austria at my host family's house when moving out. The key ring includes 3 keys: one that opens all the doors in the building where I live, which I cannot get again because it is a security key and I cannot have multiple copies of it! Additionally, there is the key to my apartment and the key to the mailbox on the key ring.

Since my host family provided me with a guest room in the house, there was also a key in the door that I used. Now this key is missing and I do not know where it is... I have searched through all my belongings and the key to the guest room is definitely not with me. My host family has now sent me an email stating that I will only receive my keys to my apartment and the remaining money if I give them the key to the guest room. However, as I do not have the key, I cannot do this!

The guest room key is a "normal" key that can be easily replaced, whereas my keys are important and necessary for me to access my apartment. I do not know what to do in this situation! I have tried to have a conversation with my host family, but I have not received any understanding from them.

Andreas Scholz

Dear questioner,

basically, you are entitled to have your keys handed over to you. The host family cannot claim a right of retention.

Of course, you are also obligated to hand over keys of the host family to them. If you can no longer do this because you have lost them, you either have to cover the costs of making a new key or hand over a duplicate key yourself.

It will certainly help to ease the situation if you express your willingness to arrange for a replacement key for the host family. Most likely, your key will then be handed over. In fact, there is no conceivable reason to refuse to hand over the key at that point.

However, if the host family continues to withhold the keys, you can legally enforce the handover. The same applies to damages or other costs that arise as a result of withholding the keys.

If you need legal representation in your matter in Germany, I would be happy to assist you as part of a mandate. I could assert your rights on your behalf.

I hope this information is helpful to you. If you have any questions, feel free to ask.

Best regards,

Andreas Scholz, Attorney