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Landlord withholding deposit -- is there justification?
Hi All,
My landlord has chosen to not return my full deposit. He is claiming that there were 775 euros of cleaning necessary (12 hours of cleaning at 40 euros an hour [he did the work himself], plus some other charges that he invented), and also tax of 162 euros. He also claims that he lost 2 days of rent from the new tenant, and wants me to pay those two days.
When we met at the flat when I was moving out, he told me that there were a couple of small things to do (move some trash, clean some small things, etc.), which I did. He told me he would make a bank transfer to me. I didn't hear from him until 3 and a half weeks later, when I got the bill for 935 euros. So, I am wondering -- does Belgian law allow him to withhold part of my deposit for cleaning fees (real or imagined)? Or is this a case that I should challenge him in court?
Unfortunately, I am no longer living in Belgium, so I am having to do a lot of this remotely, and it is quite hard for me.
He saw you coming.
> He is claiming that...
He has no right to claim anything whatsoever. If you did not agree with your landlord's assessment and valuation of damages, then what you lose from your deposit is whatever the expert who did the Etat des Lieux des sortie has evaluated.
> lost 2 days of rent
You are not liable for that. Not your problem.
> make a bank transfer
Implying that you did not put the deposit in a blocked account in your name. Oh dear.
You say
>'When we met at the flat when I was moving out..........'
Was this a formal inspection with a written report with which you had to agree?
Is there anything in writing as to the state of the place when you moved in and again when you moved out?
The Belgian law allows him to do whatever was in the rental agreement which you both signed when you moved in.
Obviously you can challenge him in court but the cost and time involved may well mean that it is not worth it and he will be well aware of that.
One thing which you could do to make him think again is to threaten to inform the Income Tax authorities that you have paid him for work done and suspect that he will not declare the income. Make sure that you first research and include the address of your local tax office. If the place was let furnished, include that as he is supposed to pay tax on furnished accommodation.
Good luck.
What about joining the syndicat des locataires? They were very helpful with our difficult landlord, particularly with sending him letters.
As a landlord I can tell you that he is totally in the wrong but you were probably an easy target not knowing the local regulations (always good to do some homeworks before you move in any country). First of all each amount he's claiming as charges should be documented by an invoice as clearly stated in the Code du Logement. If he had to clean the apartment he needs to present you a bill proving that, he cannot just bill his personal hours. Nor he can claims two days of missing rent if you gave correct notice.
Without a written and detailed entry inspection and an exit one there is nothing to compare, once again he cannot invent charges to be paid by you.
my suggestion is to write him an official "Mise en demeure" which is a letter that clearly states that he owes you X amount of money and he has 15 days to acknowledge you and pay. Put the full amount of your deposit.
Good idea from Kaissestamper to copy the Tax Office
You should send it as registered letter with receipt. If you google you can find examples you could use. Threaten to take legal action if he doesnt answer.
It might not result in having your deposit back but it might be worth a try.
If you actually wanted to continue you might have to hire a local lawyer but as you know it will probably cost you money
I fully support the idea to mention the tax authorities to you former landlord because what he is doing is illegal.
You should have never paid cash the deposit to the owner, but rather place it in a blocked account opened in YOUR NAME.. Landlords are forbidden by law from having possession of such money. All interest earned by such sums is payable to YOU.
The owner must provide you with a detailed statement of charges (décompte détaillé). All fees and charges must be shown separately from rent. The owner must be able to produce the original invoices
