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problem with landlord
I would like to ask if anyone went to court with former landlord regarding rental guarantee? Is it easy for a landlord to go to court or too expensive? My situation: I moved out and the landlord ordered etat des lieux de sortie. This resulted in damages of nearly 1,400 EUR. I was stupid enough to sign etat des lieux de sortie report, the expert who did it told me that I can sign and later if I do not agree, negotiate with landlord. I know now that I should have not signed, but it too late. Now landlord demands this money. I contacted several organisations that deal with tenants rights and they told me the problem is with this paper, I should have never signed it. Now the worst case scenario is that landlord goes to court and it is up to the judge to decide. What are the chances of landlord really going to the court? I can of course try to negotiate with him, but I doubt it will lead anywhere. Did anyone have similar experience? Thanks.
Sorry to say that from what I have seen of landlords here is that it is highly likely that any landlord would want their €1,400 if that is what you are due.
And as you say, you was stupid enough to sign the etat des lieux de sortie report, then you probably stand no chance of winning but I wish you every chance for trying.
If you go to court, they would mostly favour the landlord.
What are the chances of landlord really going to the court?
For that amount, he probably won't go to "court" as such. He'll just show your signed acceptance of the etat des lieux to a Justice de Paix who will the instruct a huissier to come round and collect the money. Or, if the deposit is in a blocked bank account, he'll instruct the bank to release the money to the landlord.
as a landlord I got my property damaged by a tenant that happily marked walls, placed shelves without authorization, damaged sinks, scratched floors and so on.
the expert had a clear list of possible damages and the reimbursement to be assigned to the landlord in case they took place. the reimbursement was also calculated based on the number of years the tenant rented the property (with the amount descending year after year).
have you actually caused any damage to the property? are there pictures from the entry survey to be compared with the exit survey?
there is a specific association des locataires near the metro station Hankar, they might have a look at your case and see if it is worth going to court, but as Meha said I do not know if you stand a chance.
otherwise take it as experience and a lesson for the next time you are renting. you really need to be checking every single line of the EdL for accuracy, and that is what I tell my tenants all the time to avoid issues.
Yes, the court will order bailiffs to come round and collect the amount withstanding.
It's up to you if you want to play cat and mouse with the bailiffs.
It depends too are you in Brussels? If not it'd be wise to find out what is considered wear and tear and see if any of that is what he is claiming. Unless things have changed though and you live in Brussels then you would be liable for wear and tear.
MX if you believe that it would have cost less to repair it yourself, you probably should have done it before leaving the property, it is always wise to go through the entry survey and fix everything before handing over the keys.
also it is good to report in writing when you enter a property faulty or broken parts to avoid being charged at the exit. I do recommend that to my tenants
also consider that as soon as the exit survey is done and you move out the property, your ex landlord has access to it and he can employ people to quickly fix the issues in order to rent the property as soon as possible. so the longer you wait for your case the slimmer the chances that you get your bill reduced (if any).
and if you do not pay or refuse to release the deposit he has a strong change to win a court case and eventually use bailiff to recuperate the money.
i would also discourage using the wear and tear card as it is a bit ambigous in Belgium, and usually the expert keep that in consideration at the survey (paint discolouring over the years, usage of floors, etc etc)
You signed it. Your cheapest (only?) option is to pay up.
FYI: The bank requires both of your signatures in order to release the guarantee money to either of you. This means that neither you nor him can get your hands on it unless you both agree.
That being said, you signed the paper, personally I think if you go to court you will lose. He will have to start though by sending you a certified letter. By doing this you will just drag the whole thing out for no reason...
If you think it will be cheaper to do have the repairs done yourself try to negotiate it with him, maybe he will agree to let you take care of the repairs.
By the way, if you do go to court and you lose you will have to pay up the 1,400 euros plus the fees of the court which can be around 300 - 500 euros. You will have to pay him for any registered letters he sent and the baliffs fees and the court fees. It all adds up. If you want any chance of winning you will need proof and lots of it. I've been to the courts that deal with these cases and there are about 50 people in the court room, each with a similar case and it literally takes the judge 5mins per case. Don't think you have the time to argue your side. If you show up without hard proof that the charges are false you have no hope in winning and you will be paying a lot more than 1400.
