Disputed deposit on a holiday rental

[sloffyt]

I recently rented a holiday apartment in Tignes for a month with three friends as a part of our gap year travels. I suspect that the landlady was very wary of us because of our age due to the fact that she behaved quite rudely towards us as a result of a dispute between her and four of our friends, who were renting a separate apartment from her for a week. Despite our care to clean the apartment and return it to her in the same way we received it, she is refusing to return our full deposit of £400 (a substantial amount to us!) because she alleges that we left the apartment dirty and damaged. These claims are untrue and unreasonable, and I strongly suspect that she realizes that we cannot prove this and so is taking advantage of this and our youth (and what she considers to be our naivety) to pocket our very much needed money. However, after some research I am aware that in some countries the landlord is required to provide an invoice detailing the deductions from the deposit within a certain period of time, and our landlady has indicated that she does not intend to deal with our case until at least August. Is there such a requirement applicable to holiday rentals in France?

I would very much appreciate advice relating to this issue. Thanks

[Richard51]

If you take a deposit from a tenant in France, then article 1730 of the Code Civil requires that both the renter and the lessee sign an etat des lieux.  This is both an inventory of the property and a statement of the condition of the property at the start and end of the letting.  On exit, any damages should be identified and agreed between landlord and tenant (with photos is necessary).  Only those breakages identified and agreed at the signing of the etat des lieux on exit (and supported by invoices) can be deducted from the deposit.

If no inventory is establish then (unless the damage is general wear and tear / force majeure) if the lessor declined to offer an inventory on entry and exit, then it's up to the lessor to prove the tenant caused the damage. 

If lessor and tenant disagree then a bailiff (appointed public officer) can be appointed to arbitrate (cost shared between the two parties).  His decision is binding on both parties.

http://droit-finances.commentcamarche.net/contents/immobilier-location/l20-etat-des-lieux-une-formalite-a-ne-pas-negliger.php3

Mrs R51

[Chancer]

She has two mnths from the end of your rental to return your deposit less any deductions for damage, cleaning, unpaid bills etc.

[suein56]

In addition she has to show bills paid out as a result of your negligence ie cleaning/decorating etc; if she doesn't you can go to the Tribunal and demand your deposit back.

Sue

[Pierre ZFP]

Sorry I can't help with the legality of your situation but others have given sound advice.

Just a reminder to send any and all letters to the landlady by registered post (if from the UK) or Recommendeé avec Acussé if in France (Probably  incorrect spelling) just so she cannot come back and say 'I never heard nuffink' at a later date.  A common ploy in these parts and one used by large companies at times too!

I've a feeling that a well crafted letter spelling out you rights and what steps you may take next will get the right result for you.

[idun]

What Pierre ZFP said, and keep everything she sends you including the envelopes.

You didn't take any photos of the place did you as you left and as you got it by chance. And if so, would that help having them.