Landlord withholds deposit? Discover your rights!
Questioner
Our landlord does not want to return our €900 deposit. His argument is that some parts were not clean enough, that there is damage (some of his pleas are unjustified) and because I made a mistake when I reported the meter reading. The damage he claims is minor and we do not believe it would cost €900 to repair the damage. We have asked him for a breakdown and proof of the costs but he does not want that. We also had an agreement that we could move on July 15. With this agreement he had written in an e-mail with conditions. We had not answered these. One of these conditions was that we would pay the entire month first, and then he would pay half of it back after the move. He does not want to do that now because we do not accept the withholding of the deposit. What is our case? Do we have a chance to get the money back? I also found it strange that he had entered the apartment the night before the move, without notice, and demanded to sleep in one of the bedrooms. Is that a breach of contract?Lawyer
Are there reports available from before and after delivery? And what is stipulated in the lease agreement regarding the return of the deposit, as well as the entry of the home by the landlord?Questioner
No, no reports. He only has now two months later in email list what he was not happy with. It is stated as follows in the contract: Upon signing of the rental agreement the tenant must pay a deposit of €900.00. The deposit will be refunded by the owner, to the tenant with one month after the last day of the rental agreement unless the tenant has caused damages to the rented accommodation. These damages will be settled with the paid deposit. Above exclusively after the tenant provides a proof of deregistration from the GBA (City Hall administration) to the owner/landlord. And there is nothing said about the landlord entering the property, except what is stated in the General Conditions.Lawyer
The landlord will in any case have to provide a substantiation of the alleged damage suffered. Have you already asked the landlord for that? Is there anything specific in the General Conditions regarding entry?Questioner
Thanks for your answer. In the General Conditions it says this about entering: The Landlord and all individuals appointed by him shall be entitled to enter the Subjects, after consultation with the Tenant, between 08.00 hours and 17.30 hours on working days for the purpose of inspecting the conditions of the Subjects in relation to work mentioned at 10.3 to 10.6 inclusive and for valuations. In cases of emergency, the Landlord shall be entitled to enter the Subjects even without consultation and/or outside the foresaid times. 11.2 In the event of any proposed sale or auction of the Subjects, and during the final three months before the end of the Lease Contract, the Tenant shall be obliged, on having received prior notification by or on behalf of the Landlord, to provide the opportunity for viewings of the Subjects from 10.00 hours to 12.00 hours and from 14.00 hours to 16.00 hours on working days and on the auction days, and shall allow the usual “To Let “ or “For Sale” signs or posters to be erected on or about the SubjectsNeem de volgende stap
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