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Flat deposit return - dispute with agent & expert = options?
Hello,
I left my flat some months ago and have been in long discussions with the estate agent and expert regarding my guarantee deposit.
Basically, we disagree on a number of things.
What steps are there for independent arbitration? Or similar.
If a "justice de paix" route is pursued, what are typically the costs and timeframe involved?
For some of them I had the items already added to my entry report + photographic photos. But the estate agent decided that the entry expert agreement (in writing) with my amendments are not valid as she felt the expert did not agree with the amendments (from the wording of his acknowledgment to accept them..). Some of the items were already paid by the previous tenant (not repaired) so the agent is looking to repeat the same magic of money for nothing.
For some others, the repair was already agreed with the estate agent and landlord (at their costs) before leaving (email in writing). But the position of the agent is that the comparison can only be made at entry and exit therefore anything in between is not accepted. If the repairs were completed before I left then it would have been fine...the repairs were the responsibility of the estate agent. This fails my logic test here...then again one person's logic is not the same as others.
Out of principle, I am not in favor of paying for the wrong reasons.
My Belgian colleague calls it the "expat tax" that some people/companies will unfortunately seek to take advantage.
@ RKing "This fails my logic test here..."
Your post is very confusing and it isn't at all clear what exactly you need.
However, whether it is "logical" or not is largely irrelevant. What is important is what is in your contract and what you may or may not have have agreed to in writing subsequently.
If it goes before the Justice, expect many months of delays and problems. I'd estimate 9-18 months before you get anything resolved right now. COVID has resulted in a massive backlog of cases. If you hire a lawyer, any decent one will charge a minimum of €150 hour, and for a case like this, will probably ask for a provision of €500 up front to even look at the case.
Forget about what you think is logical or not. What is important is are there damages to the property for which you are responsible, and therefore need to pay. If there are, then pay for it, if not, then contest it.
Housing disputes are handled by the Juge de Paix. You cannot reclaim legal fees if you win.
Pay for another expert.
If your money is held in a guarantee account at the bank, I would suggest you speak with them. There are procedures for releasing funds from a guarantee account that the bank will know.
But to be honest, it is still not clear from what you're writing, what exactly you are contesting. Either you have an incoming inventory report or you don't. Were you present when the incoming inventory report was done? Did you contest the validity of the report at the time? How did you apply the "entry inventory report amendments"? All of these factors will have an impact on whether you can expect to get your money back.
FInally, what the previous tenant may or may not have paid for repairs at the end of their tennancy is totally irrelevant in this argument. What is important is the condition of the property as described in your incoming report compared to the condition in your outgoing report.
OK first of all, I will stress that what the previous tenant and the future tenenat may or may not have in their entry / exit reports or may or may not have paid for is entirely irrelevant to your case. Your case is what YOU have agreed with YOUR contract and YOUR reports.
1) Do you have an actual copy of the entry report incorporating the amendments that the expert agreed? If not, then contact that expert and ask for a copy of that report incorporating the amendements he agreed to make.
2) Where is your deposit held? Is it in a guarantee account at the bank or is it held by the landlord or estate agent?
Justice de paix is not expensive , you can represent yourself without a lawyer . If your landlord has a history , the judge will be aware and is open to documentation from your point of view. After this procedure consider your costs....
@ RKing
Your money is held in a bank guarantee account. I suggest you go to your bank and talk to them about how to resolve this issue. The banks have well established procedures for dealing with this sort of thing.
Send a "mise en demeure" by registered letter (google for text) giving two weeks deadline to sign the documents necessary to release the deposit at the bank. they can deduct the costs you deem fair.
Failing to do that mention that you will pursue the matter with a Juge de Paix. Some landlords might not want to go into the troubles of appearing in front of a judge. As suggested above a JdP is not expensive but you need to have solid documentation to show
