Solving rental problems? Free legal advice!


Questioner

As of June 1, 2016, I terminated my rental contract for an apartment in Hilversum (private). I lived here for 4 years and during those years I had quite a few issues with my landlord. The most important thing was that I rented inclusively (television, electricity, water, but also taxes) which is also stated in the rental agreement. In the house where I lived there are multiple apartments. In 2014, the municipality found that there were multiple households at one address, which meant that I had to register again and was therefore personally assessed for municipal levies. I paid these levies but withheld them from the rent (2014 and 2015) and my landlord did not agree with that because she places the blame with the municipality. Upon delivery, my landlord found 2 defects and withheld a total of €408.83 from the deposit (including part of the withheld tax). She did not give us the opportunity to repair the defects ourselves and says that we indicated that we were unable to do so. This is not true. She says that the tax withheld is for my partner because the contract is only in my name. This was done because when the agreement was entered into, my partner had no income. When the contract was entered into, both the landlord and the broker already knew about my partner and were advised to put the contract in my name only. In addition, my parents guaranteed payment of the rent. The landlord says that I never reported that my partner came to live at the address, which is also not true. I have a complete logbook and all correspondence with the broker and landlord. I want to claim back that €408.83 from her Thanks in advance for your thoughts!

Lawyer

The surety is for withholding any defects or damage to the rented property. The repair obligation in this case also applies. Withholding tax on the surety is also not permitted. If you are not married to the tenant and you are not a registered partner of the tenant, but you do live with him or her, you are not automatically a co-tenant. You can become one. If you want to become a co-tenant, you must ask the landlord together with the tenant to give you the position of co-tenant. If he refuses, you can ask the court together with the tenant to determine that you become a co-tenant. You must have lived together for at least two years. You may contact me directly if you wish.

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