Breached your lease? Get advice!

Questioner

I applied for a Ymere property through Studentenwoningweb. Due to my lengthy registration process, I was ranked first. I received an invitation to view the property and had to confirm my acceptance via the website within two days. I accepted and received an email stating that I had to submit several documents within two days and that they would contact me as soon as possible to sign the lease. It said I could drop these documents in the mailbox after closing time, which I did. I didn't hear anything the next day (probably because it was Good Friday, I thought). Of course, I didn't hear anything on Monday either (because it was Easter). So I assumed they would handle it on Tuesday. When I hadn't heard anything this morning (Wednesday), I called them. The Ymere representative casually told me the property had already been rented to someone else. I was transferred to the account manager, who told me the same thing. He said he hadn't received any documents and that's why they immediately rented the property to someone else, who apparently already signed the contract and had the keys (seems pretty fast to me). I went straight to Ymere with my sister. We spoke with the same gentleman. He said something might have gone wrong during mail sorting, and it's now in a different department. Despite this, he still blamed me for the problem and said he really couldn't do anything for me. Is this possible? Is this allowed? I find it unbelievable that while I was the first candidate for this property, it was rented out to another candidate, and that I've apparently become the victim of Ymere's carelessness!

Questioner

No, that's not allowed. You were offered a property and then accepted it. You then received an email requesting you to submit documents within two days. If it wasn't stated in advance that acceptance of the property only confers a right on the condition that the documents are submitted on time, the property may not be transferred to another party. This constitutes a breach of contract by Ymere, regardless of whether you submitted the documents on time. Of course, Ymere can't simply evict the new resident. Compliance is no longer possible. However, Ymere is obligated to compensate for the damage. Proving the damages may be difficult. If you're still living at home, you might have higher travel expenses, but you're not paying rent. I'm not sure what damages you could have suffered as a result of Ymere's actions. You could consider filing a complaint with Ymere so that, if it is found to be justified, you will at least receive emotional satisfaction.