Tenant doesn't know if she would the pay the rent anymore

IBS · #1 03-12-2018 15:33:07

My tenant sent the following WhatsApp message today.

Bonjour monsieur X/Madame Y,
Je vous demande de m'excuser pour les retards du loyer chaque mois. J'ai des problèmes avec mon travail à la commune ils ne me paye pas bien et en retard. Je suis à la recherche d'un autre travail. Donc je vous demande de la patience pour votre loyer. Si le problème continue, monsieur X peut m'envoyer une lettre recommandée pour rompre le bail et je peux déménager en juillet. C'est vrai que je ne sais pas plus payer un loyer de 815 tout les mois. Merci pour votre compréhension. Mrs.Z

This concerns I am renting in Brussels capital region.

She paid November rent in two instalments, partially, still some money is pending. She has been living in our apartment since 2012, always had problems paying rent in time. She always pays the rent late, 10 to 30 days late , even after one year once.

I cannot let here live here for next 6 to 8 months without paying rent. She is a single woman, living with a 12 year old child, girl studying in a school nearby, woman probably supported by alimony payment from her boyfriend. Many times, grandmother of the child (mother of her ex boyfriend) paid the rent. The tenant signed a PIMS contract in 2012 and it is become a 9 year contract, registered with the authorities. She has a two months rental guarantee with the bank.

What should we do now?

Go to "Juge de paix"? Will they be sympathetic towards me?
Send a registered letter requesting for cancellation of bail as she is not paying the rent? In this case, can we give only two calendar months notice, requesting her to leave by February 2019?

Dernière modification par IBS (03-12-2018 16:38:50)

PIM · #21 05-12-2018 09:00:17

We made a mistake here, without understanding how the PIM contract works. We assumed we need to sign a new contract for every renewal.

PIM contract works... as the law.

panchito · #22 05-12-2018 09:09:15

But the tenant never ever paid on 5th of any month. I am trying my level best to increase the pressure.

So since the beginning you have allowed her to borrow you the money of the rent for free? That's unbelievable. Some landlords have not only the PIM's clause about the1% interest per month but also another clause of a 25€ penalty as soon the rent is not paid on date and time to cover the inconvenience (you have to write a sms, or an email, you are maybe not able to reimburse your mortgage in time etc...

I am wondering, that before giving her the keys, you have not asked the proof that the rent will be paid by standing order!

She also insists that I should send registered post for any communication

Have you both negotiated BEFORE signing the contract to add this clause in the contract? If no, sorry but communication only via registered letter is not a valid option.

In my contract I have a clause stating that if I need to send a registered letter for any reason, I can bill my tenant with 50€ (for the cost of the registered letter, for going to the post office, to take 1/2 off etc...)

Dernière modification par panchito (05-12-2018 09:12:46)

panchito · #23 05-12-2018 09:18:50

After staying for a year or so, her partner left the building:
She insisted I should remove her partner from the last renewed contract but I didn't agree to do it.
In a sense, last renewal contract is with both names, well employed salaried partner plus her.

If you have a PIM contract, then you have an extremely important clause: "de manière solidaire et indivisible" which means that the partner is still fully responsible to fulfill all the contractual obligations.

Have you contacted him everytime the rent was paid too late?

Dernière modification par panchito (05-12-2018 09:19:31)

rshanmug

Himura · #24 05-12-2018 09:29:21

rshanmug a écrit :

Based on having salaried partner with her, she requested to renew again, as her partner also signed the last renewal together. As there was a salaried partner, I renewed for the 4th time, PIM contract "modèle de contrat de bail - residence principale Bruxelles, 2014v4", clearly mentioning the start date of contract as 1/x/2012 and end date as 30/x-1/2021, with index date from the month of August 2012.
Tenant keeps insisting I should send her termination letter notice for six months but I prefer to not do that for the above reason
But this is the last trump card I have, which I will use if really necessary.
After staying for a year or so, her partner left the building:
She insisted I should remove her partner from the last renewed contract but I didn't agree to do it.
In a sense, last renewal contract is with both names, well employed salaried partner plus her.
The only reason to go beyond 3 years for the 4th renewal was I was convinced there is a salaried partner with a stable job so I should not worry for the rent. I was mistaken. Both of them cheated me by not paying one month rent for almost a year while they still could make a trip to the US
With this situation, what are my options here?

This is an important news (pity you didn't mention it earlier though).

You're entitled to request from the ex-partner to pay the rent, along with his ex.

Of course, you must not send a temination letter. Yours tenants do not fulfill their obligations, the woman confirmed it clearly to you, and you can consider it as a breach in the contract.

I just can repeat the action way previously mentionned :
- send a letter demanding that all tenants (in solidarity with each other) comply with the contract, especially the rent payment and on time
- give them a last month to regularize
- use her words, when she said she couldn't afford this level of rent, for warning her again
- then you have to warn about the real will to go to justice in case of unregularized and unregular situation.

Bim · #25 05-12-2018 09:46:03

Himura a écrit :

This is an important news (pity you didn't mention it earlier though).
You're entitled to request from the ex-partner to pay the rent, along with his ex.
Of course, you must not send a temination letter. Yours tenants do not fulfill their obligations, the woman confirmed it clearly to you, and you can consider it as a breach in the contract.
I just can repeat the action way previously mentionned :
- send a letter demanding that all tenants (in solidarity with each other) comply with the contract, especially the rent payment and on time
- give them a last month to regularize
- use her words, when she said she couldn't afford this level of rent, for warning her again
- then you have to warn about the real will to go to justice in case of unregularized and unregular situation.

I totally agree with Himura. Both this woman and her partner are consolidated for the rent payment. If she can't pay the rent alone, it's on your right to require the payment from her partner. You may also argue that if the case is brought to court, the judge can require a seizure from the partner's salary for the rent payment. I think this woman want to rip you off with her demand of a terminaison letter, maybe for having money for a trip to USA...

panchito · #26 05-12-2018 10:00:24

It is very clear that she tries to misuse your lack of knowledge towards the Belgian laws on renting and your misunderstanding of the excellent PIM's contract...

IBS · #27 05-12-2018 19:48:12

Hi GT,

The problem was not with you but with m; It sia technical problem. I tried several browsers but I could not reply to individual thread/question, for example GT aor Panchito. If I try that, respond button greyed out in the browser. Only "response rapide' works. So copied your thread raw and replied, messing up the thread order. Please bear with me.

grmff · #28 05-12-2018 20:04:11

Use the tab to get to the reply button when you use the reply to...

Tenant doesn't know if she would the pay the rent anymore

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