Baileur refusing to carry out check out inventory

The check out inventory must be done with presence of both sides: your side and the landlord.

If you gave the keys in december, I guess you received a document proving that you gave the keys. If not you're in trouble.

This document is very important, and the wording is important too. If they accepted the keys and put no reserve on the receipt of the keys, it's good for you.

You also have to know who did the check out inventory. The agent? Or an expert? Is the expert mentionned in the contract? There are many situations, and it's too difficult to examine all those situations on a forum.

Just for your information, the e-mails do have a value in front of a judge. I even used a sms (texto) in front a judge, and it was accepted for what it is: a proof of good faith.

The question is: did you get your warranty back? Is it on a special account, or on the account of the agent?

Hello Concerned,

I am not a lawyer... so, not qualified. All info I post is frommy experience, from what I read, from what I seek...

I hope for you that you did not sign the "autorization". I would be you, I would contact a lawyer to do the following:
1. Ask for liberation of the warranty, 100% for you
2. Deny the possibility to make a check out inventory 4 months after the end of the renting period, after a strong winter, and when you have been asking for it for months.It's too late.

I would not call (and certainly not write) the expert, since it could be interpreted by a judge that you agree for a check out survey monts after you left.

Keep the message asking you to sign the autorization for inventory. I guess this kind of autorisation is a letter where you give the mission to do the check out inventory to the expert... and then he has all the rights, he represents you at check out, and then it's as if you were there.

If you don't trust him, don't give him this power! And as he is probably the friend of the agent, there is no reason to trust him!

I'll be happy to inform you further, but I'm worried we could misunderstand each other. The vocabulary in courts and laws is sometimes specific and overprecise. And beyond my comprehension... Laws in differents countries can be tricky.

So, the best and cheapest on the long run is to call you lawyer...
Your case seems clear and easy...

there is actually update on this one:

First to answer the questions:
a) guarantee is still blocked
b) receipt for keys, states 'Receipt for <address>, on behalf of <agent company>  ...  2 keys, 1 post box key and one garage remote control'. All confirmed, dated and signed.

The update to the story is that I sooke with the expert, who has confirmed that the check-out took place in my absence in March (contract finished end of November) and that they found 800 euros worth of damage ... guess what, after the agent showing visitors around for 4 months in the gap period, the apartment became dirty again.

Question now, is this worth contesting, or is it just better to pay the 800 euros and write it down as another life lesson.

Once again, thanks for your input, appreciated that people actually help out like this. If any one knows a reputable lawyer who could take this on, by all means please pass on details.

Thanks!

For the warranty, I would contact my bank, and ask for release the warranty. Most of the banks have a note saying that the warranty is released 60 days after the end of the renting period if the owner did not claim for it....

For the paper you signed for the expert, it is impossible to give an advice if I don't read the paper.

But, indeed, if the check out only mention that the place is dirty, it is stupid from them to ask for the "damages"

Personnaly, I would send a registered letter demanding (I am not sure this word is strong enough - french: mise en demeure) the release of the warranty immédiately, contesting the inventory as done way to long after you gave the keys, and insisting that there were no condition, remark, or reserve at the time of key delivery.

This last point is very important. Because a judge might consider that the agent did not request an inventory, and that was it!

And after one month, as they will not move, I would put the case in "justice de paix", alone and without lawyer. The case is simple enough. For a french speaking guy...

Good luck.

If the owner want damages because of dirt, he should not start visits of the house and wait 4 months and a full winter for the inventory.

So, if the damage is requested because the hase was dirty, it's not the problem of Concerned

I suppose they claim also for something else than only dirt?