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penalty period

Question

Dear all ,
I have an issues with my ex landlord .
We received an e-mail from her by asking us to leave the apartment ( second hal of september). After 2 weeks ( 1 october) we found an house and we informed her that we would leave after a month (1 november) . We found a new tenant , she signed the contract with them and they start their first month ( alredy paid from them ) in the apartment. Now we asked for our bail back and she told us that we have to pay half a month as penalty or she will go to the judge asking for receive 3 months of penalty because we left before ( we had a contract of 9 years ) can she do this ?

anon

Without knowing what she requested in her email to you, it's impossible to say.

Personally I would tell her you are perfectly happy to go before a judge as it's likely that most judges will find in your favor.

Nov 5, 2019 10:12
RPPKN

A lot of things wrong here. First of all, and very important: on what grounds did she break the lease? If you had a lease of 9 years, she can only break this at any time if she moves in the property herself, or a close relative moves in. And even then she would have needed to give you notice of six months. As you talk about finding a new tenant, it's obvious she did not need the apartment herself. So in fact she had absolutely no legal right to even terminate the lease. Why did you agree to move?

Nov 6, 2019 06:57
anon

Agree with everything that RPPKN says above, which is why I'd suggest calling her bluff and saying you'd be happy to go before a judge. On the very limited facts available, it would seem unlikely that the landlord followed the law, so she would lose.

Nov 6, 2019 08:02
J

If she's evicted you illegally, then you're entitled to about 9 month's rent in compensation.
Unfortunately, with the detail of explanation you've put down here, it's impossible to say what applies.

Go and lawyer-up, and take ALL your paperwork with you.

Nov 9, 2019 10:19