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Former lanlord repeatedly broke contract and now wants all our deposit??
Basically as it says, our former landlord repeatedly broke the rental contract by visiting the property unannounced and possibly when we weren't even there although that part can't be proved I know.
He even admits in emails that he made visits but I can guarantee you he can't come up with any documentation or phone records to prove he did.
Can this be used as any sort of leverage at a court hearing?
I realise we should of made complaints about it at the time, even called the police but unfortunately we didn't.
You have not told us why he is refusing to release your deposit ???
As retiredchef notes, you haven't told us why the landlord wants to retain your deposit. Presumably it's because the etat des lieux states that the apartment has damages for which you were responsible.
Notwithstanding that, the fact that your landlord may or may not have visited your apartment has nothing to do with your rental deposit. So to answer your questions, no it can't be used as any sort of leverage at a court hearing.
The rental contract is not broken until a Juge de Paix says it is, so whilst your landlord have given you grounds for asking for the contract to be dissolved, this wasn't actually done.
Therefore, the deposit return is a totally unrelated issue.
"Who knows what they want", it's "in a foreign language we can't understand"
I'd suggest that the first thing you do is tell them to submit the report in whatever language your contract stated, then either read it, or get it translated and then read it. That way, you'll know why the landlord is claiming your deposit.
Does your contract actually specifically state that he is not allowed to 'visit' the property without prior notice? By 'visit', do you mean 'enter'?
Legally the owner of a property has an absolute right to enter 'in an emergency' and 'emergency' is not defined. For example, if he is there and knows that you are not but he hears running water or a baby crying or someone shouting for help. You will have a hard job proving that none of these was the reason for any visit.
You say that the etat de lieux is in a foreign language. Again, is it specified in your contract which language must be used? Have you signed it? If so, you are stuck. Why did you not get your own expert which is your legal right? If you did not, that will count against you if you try to take legal action - you saved money by not employing your own expert and are now complaining because you don't like the results that the landlord's expert has produced.
