Search Q&A
Rental deposit - unusual situation
I am having problems recovering my rental deposit and my situation is quite unusual, so I would appreciate any help or advice.
I lived in the apartment for 5 years and moved out at the end of March (I no longer live in Belgium). I rented the apartment from Landlady A, who sold it to Landlady B a couple of years ago and never had any problems with either of them.
There was no official inspection when I moved in. I had composed a document with some photos and a list of the main damages (many of which I repaired with my own expenses), as there was an understanding with Landlady A that this was an unrenovated 1960s apartment and had its problems because of its age. Landlady B was also aware of this fact.
Sadly, Landlady B died shortly before I moved out, and the apartment now belongs to her daughter, Landlady C, who had never seen the apartment before my moving-out (unofficial) inspection. Although I showed her that I was leaving the apartment in a good condition (actually, in a better condition than the one I received it in), she now wants to charge me for pre-existing problems, for normal “wear and tear” and even for damages that the next tenant caused (claiming that I was responsible for creating a problem with the infrastructure, which is absolutely not the case).
Of course I explained everything in detail and refused to sign anything, I offered to contact Landlady A to verify the pre-existing problems and even offered to pay for half of the “wear and tear” expenses, but I am not sure how to proceed.
I read many of the previous posts and I understand that Belgian laws generally favour landlords, so I would appreciate any ideas or advice on what to do next to get my deposit back.
Many thanks in advance for any replies.
Hi there !
I have been living in Brussels for over 10 years, have changed aparts/landlords and according to my experience, landlords here -at least 95% of them- are acting the same way.
It seems there is a "gap" in the law system that protects them instead of the renters...It is really horrible but unfortunately you must have great luck to get a "normal" landlord..
However, you can try a really cheap service "Syndicat des locataires". I payed 5 euros/per year. Get all your docs and photos and have them help you write a letter which you will have to send by register letter...If this doesn't work, you can go back to them and they will advice you accordingly.
Good luck !!!
She is trying it on. If there was no entry inspection report, signed by both your and the then landlady, this Landlady C has no way of proving what the state of the apartment was when you moved in, nor can she prove that you have caused any damages. Categorically refuse to pay her ANYTHING. Definitely not any "half of the “wear and tear” expenses"!!). It's also not your job to contact Landlady A at this stage.
The Flanders organisation equvalent to "Syndicat des locataires" is
Huurdersbond, http://www.vob-vzw.be/hb/tabid/63/default.aspx
Contact them and ask them to draft a stronly-worded letter on your behalf, demanding the immediate release of your rental deposit.
show that you are serious about it.
she has no right to withhold your rental deposit so send her an official "mise en demeure" (by registered letter) requesting the money to be pay back. give her a fix deadline for returning the funds. failing to do that threaten to proceed with local justice (a Juge de Paix cover that). ention that she will have to bear the costs of the JdP and eventual bailiffs). Explain that she has no ground to claim damages that she cannot prove were done by you.
Not sure how much it can help living in another state but the letter could be sufficient to move something in your favor.
BoL
“wear and tear”
Wear is ALWAYS a cost for the landlord.
Tear has to be proven that it was caused by the tenant, and that can't happen unless there is an entry EDL to compare against the exit EDL.
"even offered to pay"
No - never ever do that - it could be construed as accepting liability.
Sorry, can I ask you how were you notified that the apartment was sold or inherited ? Did you receive any official notification ?
Btw I'm in the same situation, trying to receive my deposit back. I didn't have Etat de lieu, and was told that I don't have to pay anything, but I'm going to pay some little money for the little damage I made, just to make landlord sign the paper.
Have you tried this?
Registering the Lease
All leases in Belgium must be registered with the local office of the Receiver of Registrations, Ministry of Finance (Enregistrement, Ministere des Finances/Registratie, Ministerie van Financien), within two months of being signed. If the lease is not registered within this period, a fine can be imposed. The lease must be registered by the owner of the property and is entirely free of charge. If the lease is not registered, the landlord will receive a fine and the tenant can end the contract at any moment without having to give notice or pay any penalties. The lease can be registered in person at the local office of the property, by post, by e-mail or by fax.
The Federal Public Service of Finances can provide further information and a list of offices, Tel: 02 572 57 57
