Problème avec le locataire

Pourquoi j'ai l'impression de lire un mode d'emploi de machine à lessiver traduit automatiquement?

Franchement, j'ai rien compris...

I think that the document signed on exit would be sufficient.
Did you write the amounts due to the owner on the paper, or is it just a state of the damages ?
You would probably win, but you'd better have a signed document by parties, with the exact amounts. Otherwise there may be some discussions

You're on the right way, I think.
You should win if this was brought to a judge.
There's not much to discuss about...

I see why I had this impression: it was the reality...

I don't agree with Francis.

With the documents you have, I believe a judge will give you the right to get your money.

Don't forget that the "état des lieux" is not the only way to prove the situation at the begining.

I know owners who went to see the previous tenant, to get pictures of the children in the garden, to prove the state of the garden at the end of contract with previous tenant... and in the begining of the contract with the tenant who did not agree with the owner.

A judge gave me right to my "dégats locatifs"... when there was no "état des lieux d'entrée" at all !!!

A judge gave me right to my "dégats locatifs"... when the leaving tenant was not there and did not sign the "état des lieux de sorties". I simply asked somebody else to sign as witness. And the witness was not there at the "audience de justice de paix". Just his signature.

In your case, you have a signature of the tenant. A written proof that he agrees to pay, if your document is correctly made...

Go on. You will win.

Don't forget the price of your free consultation on pim.be...

The procedure?

2 possibilities: conciliation or requête en justice de paix.

Conciliation is free. You just write to the judge and ask him to organize the conciliation meeting. Your ex-tenant will be invited with a very formal letter from the tribunal.

Conciliation has no formal way to inforce wathever. If the tenant doesn't comme, nothing happens. If he comes but don't agree, nothing happens. Sometimes, it works. It depends upon the quality of the judge, and the will to reach an agreement.

Requete en justice de paix: cost 40€. You also have to join a "certificat de domicile" (you can get this document at the town hall - service population) Cost: between 0 and 10€

If you don't speak french, there is no possibility: you have to hire a lawyer.

Yes, if you win, your lawyer costs can be put in additional charges fort the condamned party.
(In Liège, a lawyer requests approx. 220 € for this kind of procedure, but in Bruxelles... it's much more).

If he pays before you're both in front of the judge, the procedure is over, as the subject is not relevant anymore.
In that case, all fees will be at your charges.

Maybe you can also be represented by someone you trust, that would agree to follow this procedure for you (a very good friend...)

In the meantime, you can push and write formal letter to the other party...

I have send numerous e-mails . Are e-mails considered as formal letters?

What do you mean "formal letter"? What is the use? You can proceed in justice even without "formal letter"!

SMS, mail and other letter can be showed in justice. I already did, and succeeded with sms.

If you sent him a mail, and if he replied to you, there is no need for whatever other communication.

Je suis pas certain, Grmff, que ce soit valable dans tous les cas.

J'ai rencontré un cas similaire et le juge a considérer que le constat de dégâts locatifs n'avait pas de base suffisante pour entrainer une indemnité compensatoire.
En bref, tout dépend du problème, du Juge de Paix et de l'argumentation des parties !

Il arrive que des états des lieux réalisés sans avoir le caractère contradictoire soit considérés par les juges comme illégaux et donc rejetés, comme une clause de bail reprenant la description détaillée des lieux loués (remplaçant l'ELE) est réputée non écrite.  Reste à avoir d'autres preuves, mais c'est peu évident, du moins pour certains type de dégâts.