Unjustified no deposit return

[Deleted]

Going places Shiift, see don't listen to the neysayers and general pussies in this thread. Always contest!

[Bolson13]

So were a day further. The real estate agent takes our side and is calling the previous tenant about the state of the bathroom during his stay. She also said we were perfect tenants according to the landlord.

She also says it's ridiculous to claim 620 bucks for cleaning some mold and that in any case we should be allowed to clean it first. The reason we didn't is that the landlord allrdy stated to take care of this when we moved out. The agent was a witness to this.

The only dispute now is the bathroom ceiling , sine the could be moist in the bedroom is a result of bad isolation on their part.

Yes I have rechtsbijstand.

Seems you have some progress now (and somebody atleast partially supporting your claim) so wait for the reply of the tenant and perhaps the landlord after that. But if that doesn't work, give your insurance agent a call and see what they can do. That is what you pay for.

[lordmatthias]

I think you definitely have a case, however as some others have said this is going to be fairly tough to prove out. Since it doesn't sound like you made note of it when you first rented the place (this is a big mistake, which I also made on the first place I rented). You are going to need to line up the previous tenant for testimony, otherwise it will end up being your word against the landlord and since you don't have any documentation to back it up, you chances of winning in that situation go down dramatically. At that point you are going to have to hope you get a judge that tends to side with the renters over landlords. At this point you will need to decide how much your time is worth, because you are probably going to need to put some in if you want to win it.

In my situation, I ended up just taking it as a learning experience, although I also did at least get a partial deposit back. It was not going to be worth my time to line up my case and it definitely wasn't worth hiring a lawyer.

[Deleted]

Nice one, i thought you were boned but it seems like you're on the road to getting a chunk (Or perhaps all of it) back.

[Deleted]

I think you definitely have a case, however as some others have said this is going to be fairly tough to prove out. Since it doesn't sound like you made note of it when you first rented the place (this is a big mistake, which I also made on the first place I rented). You are going to need to line up the previous tenant for testimony, otherwise it will end up being your word against the landlord and since you don't have any documentation to back it up, you chances of winning in that situation go down dramatically.

The problem the landlord has is that he never inspected the place before we got in. So he doesnt know what the situation was, and i have that testimony of his in writing. So any claims he makes now about the state of the appartment when we moved in is bogus. Besides the old tenant i have multiple witnesses that can back up my claim if it ever gets to court, so im not worried about that.

The only thing im worried about now, is that the previous tenant could be scared to tell the truth, in (unjust) fear of having to pay aswell.
Imagine someone calling you with `hey, im calling about the appartment you lived in 2 years ago, theres a dispute about moist and we want to know what the situation was when you moved in`. `Everything was fine. Out.´. if that makes sense.

In addition, he also claimed that we stole 2 of their lamps (the previous owner told me they were his, and if the landlord can prove they are theirs, they can have them back).

We supposedly broke the fridge door (it was hanging on 1 hinge, we found out 1 week after we moved in and decided not to make to big of a deal out of it and ducktape the thing shut because it continuesly froze over)

We `possibly´ damaged their `custom made solar reflection´, which in lamens terms is 120 buck lammels. We stacked them in the shed on top of eachother, only the bottom 1 can be damaged. 5p of lammels cost 15,-. We also supposedly lost the rails they were on. But i managed to photograph those this morning trough the shed window.

He tried really hard to find things to justify keeping the bail, and failed at nearly all of them. Even if he somehow manages to charge us with neglect, we can clean all that shit in a day, and be done with it.

[Sunseeker]

When you signed your contract, did you write a list of problems and attach it to your lease? If you did, and on that list it says "suction system not working" or something to that degree, then you may be able to get your money back if you want to go to court over it. Otherwise if you didn't, you're SOL.

[Deleted]

When you signed your contract, did you write a list of problems and attach it to your lease? If you did, and on that list it says "suction system not working" or something to that degree, then you may be able to get your money back if you want to go to court over it. Otherwise if you didn't, you're SOL.

I didnt. Caus we assumed it could be cleaned. I do have several witnesses.
Even if i am guilty of negligence, theres no way some HG moldremover, a breating cap, goggles and a half a days work is worth 620 euros.

[Orange Joe]

If i take it to court i have several witnesses that can state that the mold situation was WORSE when i got in then it is now.

Feel free to take it to court, but if you don't have any photographic evidence from before you moved in you are fucked.

[Deleted]

Feel free to take it to court, but if you don't have any photographic evidence from before you moved in you are fucked.

I have witnesses. He has nothing. I even have his confrmation that he never saw the appartment before hand.
So its his `i dont know what it looked like´ against my 5 witnesses that claim it was covered in mold. If that means im fucked the law is retarded.

[Orange Joe]

I have witnesses. He has nothing. I even have his confrmation that he never saw the appartment before hand.
So its his `i dont know what it looked like´ against my 5 witnesses that claim it was covered in mold. If that means im fucked the law is retarded.

Problem with witnesses in small claims court is they are unreliable. You can grab any 5 friends and have them lie to stick up for you. This is why without photographic evidence you are pretty much SoL.


But feel free to try you luck. Worst case, you are out your deposit + attorney fees.

[vindicatorx]

In addition, the landlord told me he never inspected the place before we got in. So he doesnt know what the situation was, and i have that testimony of his in writing. So any claims he makes now about the state of the appartment when we moved in is bogus. Besides the old tenant i have multiple witnesses that can back up my claim if it ever gets to court, so im not worried about that.

Updated post to clear up some things

If he didn't inspect it that is his fault take them to small claims court for the deposit, lawyer fees, and court costs. Usually when it comes to legal things the burden of proof is on the landlord to prove you were negligent. Him failing to inspect the house he has no way to determine what you did or what the previous tenant did. It's pretty open shut legally speaking. I would personally threaten him first with contacting a lawyer, make sure you also document everything, times you met with the landlord, what was discussed, etc.

[esach88]

I'm so happy that it's illegal to ask for a deposit in where I'm from because of situations like this. Landlords can't hold your last months rent against you for any reason and must pay interest each year (or in one lump sum when you finally move out) on your last months rent equal to the rate of rent increase each year.

Sorry that happened to you, it really sucks but i'm not sure if fighting it will get you anywhere. The reason why most landlords don't want to hand that money back is because they've already spent it. They should be putting it aside but we all know he spent that money and now doesn't want to come up with it to pay you.

Like someone suggested. Take pictures of everything wrong before you move in, show landlord and sign the lease from there staying you are not responsible for those issues. Then keep the lease and pictures in a safe place. Good luck