Stel vraag

Wonen, Buren

Particulier


Lease Period: 22 Sep 2017 - 21 Sep 2018 (1 year)
Tenants: Peijing Li and Roshni Govindaraj
Rent: €1950 per month split between both tenants (we internally agreed that I pay €955.08 per month as I have the smaller room and Peijing pays the rest).

My landlord is keeping my €1750 of deposit for "unpaid rent €2,865.24" and "damages €922.25". I vacated the property at the start of June 2018 as my Dutch visa ended in June. I still paid month for June and informed my landlord and housemate that I need to terminate my lease under extenuating circumstances as I was no longer allowed to legally reside in the Netherlands (and also because my housemate was a bully who would not let me live in peace). I left the keys and vacated the property in at the beginning of July 2018.

I went back in September and noticed over two days that somone was living in the room that was previously mine. They also denied me access to the property to collect my mail. I have had no access to the property since early July 2018.

They have repeatedly hassled me for the rent in since July - despite denying me access to the property, my room being used/rented by someone else and me not even having keys to enter the property.

Last week I received an email from the agency (https://www.facebook.com/EHR-Amsterdam-173401939842319/) that they have withheld my full deposit for unpaid rent + damages (no receipts provided). Are you able to help with some advice on how I can reclaim my deposit please? I was never given an opportunity to sign the checkout report and I KNOW they have refunded some of the deposit to my housemate as only her bank account was on the checkout report (but they did provide any actual numbers on the checkout report). Thanks for your time.

I understand that you had a rental contract for a fixed period of one year. that means that if you leave the home early, you will still have to pay rent for the remaining months to a year. I understand that you did not appeal on a ground for cancellation when you left. You have also not complained at that time about not being able to enter the house. In my opinion, the deposit could rightly be claimed by the landlord to compensate for rent payments not paid by you until the end of the rental period of one year. That is why I see no reason to claim the deposit back.
If I have the facts wrong, you can contact me and we can discuss your case.
I am a lawyer specialised in real estate law and rental law..

Beoordeel dit antwoord:

This is not the case if the Landlord was able to enriche himself holding the borg but some else paying also for the rent. It is not in the purpose of the Dutch Law on rental agreement and underlaying fundamental law a partie is enriched because the other partie breached law.

Beoordeel dit antwoord:


Gratis antwoord op juridische vraag

Stel vraag