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Tenant problem
Hi ,
This is in continuation to my previous post. Sry that i didn't provide enough information then.
I had done the etat des lieu during the entry WITHOUT the presence of my tenant . Now when she is vacation we did it together and she signed on the exit etat des lieu. But now she refuses to pay. Will it be possible for me to win the claim if I go legally?
Please help
If the tenant did not sign the ENTRY etat des lieu, the fact of her signing the exit etat des lieu is irrelevant.
That signature says that she agrees with the situation when she left but, without a signature to say that she agreed with the situation when she arrived, you have no proof that any damage was caused after she moved in.
If you are still holding her deposit, you can refuse to release it until she pays for the damage though, in that case, if SHE takes legal action you are likely to lose.
If you are NOT still holding her deposit, you are likely to lose anyway - the first question you will be asked is why you released the deposit if she owed you money.
"Will it be possible for me to win the claim if I go legally?"
Unlikely.
If the tenant didn't sign the etat des lieux on arrival, my understanding is that you don't have any legal case against them.
In signing the exit one, the tenant has implicitly accepted its findings and therefore implicitly accepted the initial EDL.
I think you do have a case. Try asking on www.pim.be. But BE PRECISE about what has happened and make sure you give a full picture of the situation (not little bits like you're doing here)
> has transferred the contract breakage penalty from the deposit
She cannot do that legally. You can not accept that she does this.
