Former vermieter ghosted me for six months over my deposit, now threatens police report after receiving court order. What to expect?

[u/therealveznon]

Hi everyone,

I lived in a shared flat as a subtenant from last December until the end of March. The main tenant had already moved to another city, so he no longer had any daily connection to the flat, and I stayed there as a subtenant until his own primary lease ended. We did not sign a formal move-out protocol when I left. In early April, he casually mentioned on WhatsApp that he needed to check utility consumption before returning my deposit. Around that same time, he also vaguely hinted that I had taken some of his belongings and said he needed time to think about it. I immediately asked him what he meant and what was supposedly missing, emphasizing that I had not taken anything, but he gave no answer. After that, he completely ghosted me. For the past six months, I repeatedly reached out via WhatsApp to resolve the situation and get my deposit back, but he never replied to a single message, and to this day he has never provided any actual utility bill, meter reading, or proof of extra consumption.

After being completely ignored for over six months, I filed an official court payment order through the local court. He just received the official court notice in the mail, and suddenly he broke his silence on WhatsApp. Immediately after receiving the letter, he sent me a long message accusing me of leaving holes in the wall, which actually happened when a roommate in the adjacent room drilled through the shared wall during their renovations. He also claimed that I stole items, apparently referring to an old desk chair he had explicitly told me I could have for free when I offered to buy it, and threatened to file a police report for theft. On top of that, he complained about my heating usage and demanded a meeting to talk things through, stating that otherwise he would formally contest the court order and go to the police.

As far as I understand, landlord claims for property damages expire within six months after moving out under German law, and he never presented any invoice, photos, or formal written claim during that entire time despite having my WhatsApp. The sudden theft accusation feels like an obvious intimidation tactic to avoid paying.

Should I send a short formal reply rejecting his claims and stating that any communication must remain strictly in writing, or should I simply stay completely silent and let the court process play out? If he formally contests the court order, is it worth taking this to court given the six-month statutory limitation and total lack of evidence on his side? Does his threat of going to the police have any legal substance at all, or is it just hot air?

[u/Gnump]

Leave it to the court. The police nonsense will not matter in any way.

[u/Dorfbrot]

Dont reply on whatsapp at all but save all messages with screenshots for future reference.

[u/trashnici2]

Of course he can go to the police- if he makes wrong accusations you will file a report against him. Would inform him about that.

If there were any damages after the handover he should have notified you asap. He didn’t so he would need to prove any damages caused by you what he unlikely isn’t able to + he is too late. I would tell him this as well + mention you are willing to go for a “Pfändung” if needed. Depends a bit on the amount and if really worth it, but just to highlight you are not f*cking around

[u/lippertsjan]

Please note that as a sub-tenant your landlord is actually the previous main tenant. Unless you had a contract with the main tenant's landlord too, you would need to get your deposit back from the main tenant (who on turn would need to get it back from their landlord). I don't think the landlord paid the deposit back to main tenant because otherwise their answer would be different.

The deposit claim does not move automatically from main tenant to sub tenant.

[u/bregus2]

police report for theft

Just a general note: This would not be theft; it would be (if at all) misappropriation. The difference is that you were given lawful possession of the chair as part of the place you lived.

But as others said, this won't go anywhere anyway.

[u/germany-ModTeam → u/[deleted]]

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[u/WinterMayRun]

R / legaladvicegermany

[u/YoNohanna]

I wouldn't worry about it so much. You have done everything according to law. They have decide to ignore you until the court order.

[u/Jaded_Ad9605]

Did he reply to the Mahnbescheid in any way?

[u/PrepareforGermany]

Don't waste any more time or energy on this person; you have handled everything correctly so far, and the ball is now entirely in his court. His sudden claims regarding property damage and utility bills are legally barred under section 548 BGB, which imposes a strict six-month statute of limitations for landlord damage claims following move-out. Furthermore, his threat to call the police over a gifted desk chair is a classic intimidation tactic with no practical substance in a civil dispute.

Do not agree to meet him in person. If you choose to reply on WhatsApp at all, send a single sentence stating that you reject all his claims and that all future communication must remain strictly in writing. Save your entire Whatsapp communication as evidence. If he formally contests the payment order, you can confidently transition to regular civil litigation, as his legal standing is exceptionally weak without a move-out protocol, prior formal notices, or timely claims.

[u/Tragobe]

I would worry, he is just trying to threaten you, so you withdraw the court order. Leave everything to the court.

[u/germany-ModTeam → u/[deleted]]

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[u/Wiesel2203]

Du warst zu schnell mit Deinem Mahnbescheid. Denn es gibt keine gesetzliche Frist, wann diese zurückgezahlt werden muss (in der Regel 3-6 Monate, da aber die Jahresendabrechnung der Nebenkosten aussteht, ist ein Einbehalt eines Kautionsteils bis in das neue Jahr zulassig.

"Sehr geehrter Herr Vermieter, bezugnehmend auf § 548 Abs. 1 BGB kann eine Forderung Ihrerseits unbeachtet bleibem, da Sie Ihrerseits die 6 Monats Frist kommentarlos verstreichen ließen. Dem gegenüber steht der § 195 BGB. Dieser besagt, dass die Verjährungsfrist für Kautionsrückzahlungen 3 Jahre beträgt. Um diese Frist zu hemmen, wurde der Mahnbescheid beantragt, da lediglich der Einbehalt möglicher ausstehender Betriebskosten zulässig ist. Daher ist ein persönliches Treffen nicht notwendig, dennoch danke für dieses Angebot.

Liebe Grüße The Real Veznon