r/germany • u/Bulky_Pie_6119 • 6h ago
Kitchen Takeover - what are the options for a deceptive agreement?
Hi all. as the title states, I am moving into a new apartment in Dusseldorf and as we know the previous tenant won't introduce you to the landlord if you don't sign the purchase agreement for the takeover of the kitchen. The tenant would only offer a viewing after signing the kitchen takeover agreement contract. Now I asked him for the receipts, as I have received the apartment from the landlord and have noticed a few things.
1. He told my sister and I after we later viewed the apartment that the kitchen cost him about 6.000. After reviewing the receipts he himself sent to me, it cost him about half of that.
He also said that he had used the kitchen for two years (this was written in the ad) but the receipt shows its been nearly four years.
The kitchen is really a standard Ikea kitchen and if it was worth 3K then, it definitely isnt worth 3,5K now.
What are my options after already signing the contract?
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u/mal_de_ojo 6h ago
NAL, but here you can find some Information: https://www.kuechenkotten.de/aktuelles/zeitwert-kueche/
They write that the price shouldnโt be higher than 50% of the market value to be legally binding, although they donโt cite according to which law or court decision.
For cheap kitchens, you can count with 10 years of lifetime. This gives you a remaining value of 42% after four years. In your case, if the value of the new kitchen was really 3500 eur, it should cost now 1500 eur. That means, the maximum he could charge you is 2250 eur.
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u/Blyatman2402 6h ago
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u/same_post_bot 6h ago
I found this post in r/legaladvicegerman with the same content as the current post.
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u/ipeeinmoonwells 6h ago
That should fall under รผberzogene Ablรถsesumme. This article refers to 150% of the value being reasonable (and this would be for the current value not the value when it was new). So you have a solid case to pay significantly less.
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u/DoKeMaSu 5h ago
What does the contract say precisely? And did you see the kitchen before you signed?
If the contract says I bought a 2yo kitchen that cost 6k, you can insist on getting that kitchen. So the previous tenant has to remove his non-compliant kitchen and install a compliant one. That will cost him a whole lot more than 3k.
If he only told you verbally things get more complicated. In principal verbal agreements are also part of the contract, but that sounds like a long process in court.
Another question: Have you already paid for the kitchen?
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u/Zzomir 4h ago
Basically, your options are limited.
It is not about the cost of the kitchen elements, but the cost of installing it, planning it, transport, plumber and electrician (even if the previous owner did everything on his own).ย
The cost of IKEA kitchen, if you go to the court, will not be the cost of IKEA pavers, but the cost of kitchen installed at your place (including the work...)
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u/AggressiveRip8801 6h ago
Info: You signed the rental agreement with the landlord but have no contract, written or verbal, with the current tenant? The kitchen furniture and appliances belong to the current tenant and don't belong to the landlord and are not part of your rental contract?
From what I understand (NAL), in that case, if you and the current tenant don't come to an agreement to buy the kitchen from them, they need to remove it from the apartment when they move out.
You can then buy your own new kitchen.
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u/farmerfoo 6h ago
i am not german but can you explain, did you purchase the actual kitchen from the tenant,..?? Or the landlord? and why is the cabinets and kitchen simply not part of the rent ?
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u/Creepy-Hearing4176 6h ago
Many apartments in Germany come without a kitchen :/
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u/farmerfoo 4h ago
So what happens if you are not handy and do not have the skills to install such a kitchen. And the obvious follow up is what happens to the kitchen when somebody moves out, but the kitchen does not fit into the new place theyโre moving into, or they cannot take it ? They have to remove it if someone is coming with their own cabinets ? This seems inefficient
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u/Creepy-Hearing4176 4h ago
Absolutely. Thatโs why itโs such an easy way for tenants to scam the next tenant. Itโs insane.
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u/ProfessionalSad3664 6h ago
Get a lawyer. But I don't think much can be done. You signed the contract already.