Letter from lawyer of former co-resident/tenancy law


Questioner

My former co-resident is claiming damages of 3250 against me due to a reduction in the enjoyment of his home. The situation: Person X lived with me in a house that I rented through Ymere. Person X and I entered into an agreement verbally and agreed on a rent of 990. After a year, person X wanted me to draw up a contract. I did this and we agreed that person X would pay me a deposit of 1000 euros because I ran the risk that he would disappear without a trace. Person X never signed the contract, but did transfer half of the deposit. A week after he had transferred this he wanted the money back and accused me of asking too much rent. (It turned out that he had inquired with Ymere in the meantime whether asking for a deposit was allowed) in the meantime I wanted to speak to him face to face, he did not respond and indicated that he did not want to pay the rent for July due to a mistake on my part. At that time he was staying with his girlfriend. After not having been home for a few weeks I found him in the hallway and wanted to have a conversation with him. He then indicated that he did not want to talk to me. The frustration had already increased a lot, he accused me of things that were not right and he did not want to pay the rent. I then shouted at him that he had to pay the rent. He then stayed away, he looked for another home in the meantime, in consultation with me he moved and he handed in his keys on August 9. He did not pay any rent in July and early August, was registered, his belongings were in the home and he had keys. He also indicated that I should settle the deposit with the month of July. I did not agree with this, but to get rid of him I settled. Now, months later I receive a letter from his lawyer. He demands compensation of 2350 for the costs incurred, because he was forced to move and he is going to report threats. I cannot agree with this, I did not threaten him or force him to move, the dispute arose because he disagreed with the rent after a year. I remain under the assumption that he still owes me money, but his lawyer still sees a case in this. What is the best thing to do? Does he have a case? I don't plan on paying, but is it advisable to hire a lawyer?

Lawyer

If you receive a letter from a lawyer or a legal expert, it does not always mean that the case has a chance of success. The lawyer has probably only heard his client's side so far. You indicate that the story is not true and that you still have to receive money. It is then wise to engage legal assistance. This does not necessarily have to be a lawyer. Rental law cases and cases at the subdistrict court up to a value of 25,000 euros may also be handled by a lawyer. A lawyer is in most cases cheaper than a lawyer. Without knowing all the facts I can only give a general answer. In such cases it is wise to respond to the letter. Deny the claim and indicate that you have a counterclaim, with the reasons. If it comes to a lawsuit, you can also have your counterclaim assessed by the judge in that case. Please feel free to contact me if you require legal assistance.

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