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No damages but my agency is not giving me back my deposit

salveeneef
Pimonaute
Inscription : 10-02-2016
Messages : 4

No damages but my agency is not giving me back my deposit

Hi,
I rented an appartment in Charleroi from a small estate agency, ImmoTruc.

I paid all the 18 months as per contract, but when my agency received the final payement they told me that they could organize the état the lieux de sortie before so that I could had got rid of the appartment and get my deposit (I had already quitted my job and I was too scared of living in Charleroi, so I was spending most of the time at home in Italy).

They sent an expert who declared that everything was ok and I gave the keys back, but after almost two months they wrote me that they will give me only 491€ out of the 780€ for no reason.

Consider that once I was packing my stuff and they simply got inside saying "oh, I thought you were abroad", so I don't even know if they were actually getting inside my property with no permission.

I also paid the heating for the months I had already left and they didn't even offer to give me those money back. At the beginning of the rent they put in the état the lieux d'entrée that everything was in a good condition, but there was no toilet lid and when I questioned them about it they told me that "they were changing it very soon".

I waited two months to get a "new" toilet lid. I have the feeling that they are taking advantage of me living abroad and I think I should suit them, how should I proceed? I mean, I paid all the months, I left the property in good conditions, I paid the person they chose who told that everything was ok, I don't see any reason to not get my full deposit back.

(Edit by grmff for space and anonymasitioniture of the company name.)

Hors ligne

grmff
Pimonaute non modérable
Lieu : Sibulaga, Onatawani
Inscription : 26-05-2004
Messages : 16 206
Site Web

Re : No damages but my agency is not giving me back my deposit

What was the form of the warranty? You gave them cash, just like this, with receipt?

When they write you that they send 491€, there should be a reason. If not, did you ask them why they did not send the whole warranty? It just make no sense.


Grmf!
----------------
N'envie pas les autres. Tu ne sais pas ce que l'avenir leur réserve...

En ligne

salveeneef
Pimonaute
Inscription : 10-02-2016
Messages : 4

Re : No damages but my agency is not giving me back my deposit

Cptes_2016_Charl_Parc17.pdf

They sent me this saying that I owe 491€ to the landlord. But I don't understand anything of this document.

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grmff
Pimonaute non modérable
Lieu : Sibulaga, Onatawani
Inscription : 26-05-2004
Messages : 16 206
Site Web

Re : No damages but my agency is not giving me back my deposit

If I understand it well, they counted you only part of february (17 days - 228.62+52.76€), which you did not pay, they billed "indemnité de rupture" (legally, 3 months in the 1st year - 2 months in the second, 1 month in the 3d) of 3x390€ = 1170€, and deducted the Korfina warranty they already received of 960€.

228.62+52.76+1170-960 = 491.38 that they calculated you owe them.


Grmf!
----------------
N'envie pas les autres. Tu ne sais pas ce que l'avenir leur réserve...

En ligne

grmff
Pimonaute non modérable
Lieu : Sibulaga, Onatawani
Inscription : 26-05-2004
Messages : 16 206
Site Web

Re : No damages but my agency is not giving me back my deposit

This being calculated and sorted out, you have to check if the requested amounts are valid.

You mention a warranty of 780€, when they mention a warranty of 960€. Who's right?
You paid 18 month, and they bill you 3 month indemnity? What was the duration of your contract? If short term contract (less than 3 years), law does not apply and they can bill you according to the contract. Check your contract and let us know.
Did you pay the month of february?


Grmf!
----------------
N'envie pas les autres. Tu ne sais pas ce que l'avenir leur réserve...

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salveeneef
Pimonaute
Inscription : 10-02-2016
Messages : 4

Re : No damages but my agency is not giving me back my deposit

The duration is 18 months, and I paid 18 months (including the 90€ per month for the chauffage....). I sent them the letter saying that I was ending the contract on its normal date of ending (3rd of May) and they told me that "to help me, they would had organized the état de lieux de sortie in advance". I asked them multiple times if that meant that I would had got my full deposit back, and they have always said yes. So, at the end, I paid the whole period, but I staid there even less, but in my resignation letter I gave them 3 months of advice, I did everything by contract...

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grmff
Pimonaute non modérable
Lieu : Sibulaga, Onatawani
Inscription : 26-05-2004
Messages : 16 206
Site Web

Re : No damages but my agency is not giving me back my deposit

Then, send them a mail saying that you do not agree with their calculation, and that the "indemnité de rupture" is mistakenly billed.

For a contract of 18 months, paid 18 times, with a "préavis" 3 months in advance, you should not pay 3 months of indemnité de rupture.

BUT, put me if I'm wrong, according to your account, you have been there 15 months, not 18...


Grmf!
----------------
N'envie pas les autres. Tu ne sais pas ce que l'avenir leur réserve...

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salveeneef
Pimonaute
Inscription : 10-02-2016
Messages : 4

Re : No damages but my agency is not giving me back my deposit

I have been there 15 months, but I paid 18. I sent them the last payment of the last 3 months in January because I am travelling: I spent 1 month in Nepal and I am going to be in Jordan for two months in the middle of the desert, as you may imagine it's quite difficult to find a wifi in those locations. When they received that payment, as I had previously told them that I was desperate of living in Charleroi after they set my door on fire and a weird guy started chasing me in the street several times, they told me that they wanted to give me the possibility of leaving the house before with no issue. But still, I paid 18 months, and in my preavis of 3 months that they received on the 18th of January I wrote that I was ending the contract regularly on the 3rd of May. I am afraid they are just REALLY bad in maths, because I used to pay the rent almost 1 month before (I normally received my salary on the 10th of the month, so I entered at the beginning of November (I paid November when I got the keys in the agency) and around the 10th of the same month I paid December, with the result that in June they were asking me for the rent that I had already paid twenty days before. If they missed a month, would it explain all this? It would be like VERY stupid....

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grmff
Pimonaute non modérable
Lieu : Sibulaga, Onatawani
Inscription : 26-05-2004
Messages : 16 206
Site Web

Re : No damages but my agency is not giving me back my deposit

Apparently, if you paid more than 15 months, they did not see it. So, they ARE really bad in math. Check the balance, and you will see you 15 paiments...


Grmf!
----------------
N'envie pas les autres. Tu ne sais pas ce que l'avenir leur réserve...

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