Legal Advice for Tenant Non-Payment - Legal Advice
Questioner
Good day, I need some advice.... I own a home that I rent out. The tenant has been stringing me along since February. He says he has enough money but can't get it. He keeps saying the money is on its way and he will keep me informed if payment fails but he doesn't keep all these agreements. And so it has been for half a year, making new agreements and again I am being cheated. In May I handed it over to a collection agency, unfortunately it didn't really help. This tenant has only paid rent 3 times since last May. Since his contract expires on September 30, 2016 and he has more than 3 months of rent arrears, I want to take him to court. No cure no pay but with court fees of more than 670 euros. If I get right from the court I can recover this from the debtor. Only from my side cancel it is 3 months. This means that there is still a case regarding eviction and dissolution. Because I would prefer to have him out by September 30th. Now the question is: Is it useful and wise to initiate legal proceedings against him now? Because it seems unreasonable to me if the judge says, he has time until the end date of the lease agreement. That could be September, but it could also be November. AND: He received a 200 euro rent reduction because he wants to do some work on my house (toilet, bathroom, central heating system). This is also stated in black and white. But if the jobs are not completed, then the retroactive amount of 200 euros per month will be charged. At the collection agency there is currently over 2400 euros outstanding. and then that 200 euros x 12 months. I am already over 5000 euros. What, when and how can I best tackle this? And what are the chances of success? Thank you in advance!Lawyer
In the event of persistent non-payment, you should address this as soon as possible to prevent the debt from becoming too high. That seems to have a good chance of success. I cannot place court fees of over €670. I believe the court fees are €223. There are some additional costs, but then you are talking about a maximum of €350. With regard to the discount for the jobs: that depends on the agreements you have made.Lawyer
There is a good chance that the tenant will not pay anymore and will only let the rent debt increase. This means that terminating the lease is not advisable and that a procedure for dissolution and eviction is really the most appropriate way. There are indeed costs involved that you must initially pay yourself. The court fee is indeed only €223.00 and the costs for the bailiff are expected to be around €100.00. Of course, winning the procedure does not mean that you will get your money (back). If the debtor has nothing, you will have a positive judgment and the eviction can take place, but receiving money will then be difficult. You want assistance on a no cure no pay basis. In this situation, you will end up with a lawyer, because a lawyer is not allowed to conduct proceedings on this basis. You may be eligible for subsidized legal aid. Depending on your income, you will then only pay an income-related personal contribution. For further information, please contact me directly.Lawyer
What kind of lease is this? Vacancy, fixed-term lease with diplomatic clause? Has an extension been agreed? You have not yet given notice?Neem de volgende stap
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