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Rental Guarantee Dispute
Hello,
I rented an apartment in Brussels for 1 year from December 2000 until 2001. The landlord insisted that I have a bank guarantee equivalent to 3 months rent which I got. One month before my lease ended, the landlord already filed a claim to the bank to almost the tune of entire 3 months guarantee. Of course I disputed this, and the bank advised that I settle this with the landlord, who of course was adamant. We did not have any inventory made before I entered the apartment, so the landlord tried to take advantage of me. It has now been 16 years! And I cannot close the bank account in Belgium because of this lease bond. Does anyone know the statute of limitation for such bonds? Or how I can proceed with getting rid of this so I can close the account? I no longer reside in Belgium and this no need to keep accruing charges for an unused account. Thanks much for your advice.
Whatever the legalities, the reality is that you have a sum of money - in Belgian francs! - which you cannot access. In 16 years the value must have dropped considerably and it will continue to do so.
Nothing is going to change unless you take the initiative and accept that there is likely to be a cost.
In your situation I would first check with the bank though they might again advise that you settle with the landlord and, if that is their advice, then that is all that you can do.
As things stand the landlord has nothing so an offer to negotiate might make him realise that the only way he is going to improve on nothing is to come to an agreement with you.
After 16 years, 50% of, say, €1,000 has got to be a big improvement on 100% of nothing.
Fifteen years ago I believe it was the accepted practice for a tenant to put up a three month bank guarantee. Under this guarantee if gave the proper notice by registered letter and then moved out before the end of one year you would automatically lose two months rent. If you moved out after one year but before two years you would have to pay one months rent. This is also providing that you gave the appropriate notice in the correct way. Did you do this? If not, you may owe two months rent for breaking the contract. You should read the contract carefully. If it was a 3-6-9 year lease which was common then you might owe two months. You said that you took the apartment for one year. But, did you sign a 3-6-9 contract. You said that you moved out a month early. Was this after you had lived there for only eleven months? If so, the landlord will be entitled to at least two months rent plus anything else having to do with damages or cleaning to the apartment.
You need a Juge de Paix to authorise the release of the money.
Ring the right office up and ask them how you do it.
You need to talk to the right one for the adress of the property.
http://justice.belgium.be/fr/ordre_judiciaire/cours_et_tribunaux/justice...
My advice is to ask a lawyer to write a letter to the landlord. It won't cost you much and will solve the problem quickly. Landlords don't like lawyer's letters! I did it once and the issue was resolved immediately.
I don't know what the issue is behind the problem but the landlord sounds mean to me! If you damaged the apartment in any way then may be he had the right to block your guarantee but only with proof on the cost of the repairs.
Generally, if the landlord get's another tenant quickly, there is no need for him to withhold the guarantee even if you leave before the lease allows you to. That would amount to greed. It's not just the technicality of the law but the spirit of the law that has to be upheld as well!
