Contract clause
May 4, 2010 | 20,00 EUR | answered by Bernhard Müller
When signing the rental agreement, I signed a document in which it states:
Agreement:
For the rented premises of the rental agreement dated 19.09.06 in "Berlin," Mr. Schmitt hands over to the tenants a fitted kitchen with electric stove (ceramic hob), fridge-freezer combo, extractor hood, and wall cabinets for free use indefinitely, but for a maximum period of the rental of the aforementioned apartment. The fitted kitchen does not belong to the rental property itself. The fitted kitchen is to be treated with care by the Schulz family and any damages or defects are to be repaired at their own expense and protected from loss. The Schulz family does not acquire ownership of the fitted kitchen. The installation of a dishwasher in this kitchen is prepared for. The costs for the dishwasher are covered by the Schulz family.
I have already had to replace a broken refrigerator that could no longer be repaired by purchasing a new one. My landlord is very angry because I did not buy a built-in refrigerator, but a freestanding one for about 650 euros.
Do I really have to leave the refrigerator behind when I move out? Is that even allowed?
Kind regards,
Anja
Dear questioner,
Since you purchased the refrigerator yourself, you can also take it with you when you move out. § 539 II BGB.
The landlord can prevent your right to take it with him by paying compensation according to § 552 I BGB.
However, if you take your refrigerator with you, you must reinstall the old broken refrigerator in the kitchen or obtain the landlord's approval for the disposal of the old broken refrigerator.
You should have this in writing for proof. If he does not give it to you, you should store the broken refrigerator in the cellar or another room until you move out, so that you can then put it back in the kitchen. Only if you have disposed of the broken refrigerator without the landlord's permission, you must leave a replacement in the apartment. In this case, you would have to prove that the old refrigerator is broken, as a broken refrigerator is worth less than a functioning one and only the scrap value must be paid as compensation, while with a functioning refrigerator it could be demanded that you leave a functioning refrigerator behind.
Transferring maintenance costs without specifying a maximum amount that you can pay for maintenance is not effective.
Sincerely,
Bernhard Müller Attorney
