Recovering Rented Property Deposits

[Bikboks]

Friends of mine recently left the house they were renting and terminated their agreement quite properly, including giving and paying for the three months' notice necessary.

They were excellent tenants and left the property in good order and even paid for a telephone connection, including a new pole and all cabling, whilst in residence, since there wasn't one installed previously.

Now the landlord is refusing to give any of their deposit back and has written an abusive letter to them claiming that its retention is necessary to cover alleged damage, all of which is either normally the landlord's risk - i.e. a leaking roof - or untrue.

I understand that there is a personal function or department, other than a notaire, to whom such disputes can be referred. Does anyone know if this is correct, and who this person/office is?

Thank you in anticipation.

Malcolm Hipple

[Teamedup]

There should have been an inspection de l'etat de lieu, when they moved in and then done again when they moved out. Every problem with the property should have been marked clearly on this form, both when they took it over and when they left.

Also if they had been having any problems, they should have notified the landlord by lettre recommande avec accuse de reception and kept their accuse receipt and copies of the letters they sent. Also all replies including the envelopes.

Right that is what should have been done. If it wasn't then tell them to go to their local Centre Sociale and ask which associations deal with problems between landlords and tennants. Then contact them with all the details and they should be able to help out. They will have to join this assocation though, of that I'm fairly sure.

Even with the bail, one doesn't necessarily get it all back. We had a percentage kept back for every year in the premises, it wasn't a lot, but it did irritate me.

We used to have a wonderful woman working in such an association in a city near here. I have even taken french friends with problems to see her.

[Tourangelle]

Hi

They should write a letter with accusé de réception, basically saying that it is not legal that they have not had their money back quoting article 22 de la loi du 6 juillet 1989.  This should be sent  recommandé and with accusé de réception.  If they have already done this, then they should go to the tribunal d'instance in the town where they rented the property.  They have to write to the judge, explain the situation and give all the corresponding papers.  I got this out of Que Choisir 120 lettres pour régler vos litiges, this month, 6 euros 85, steep,  but I'd recommend it.

Jane

[Bikboks]

Thank you for your useful replies. These will be followed up. The correct document was prepared, listing all items of concern, both on taking on the tenancy and when leaving. The wretched landlord has raised other matters subsequently and, as he happens to be of high rank in the police force, is making vague threats that my friends find it difficult to cope with.

Malcolm Hipple

[Teamedup]

If that is the case, then I would go to an association and get them to write to this landlord. Or go and see a notaire or avocat. Once threats start getting involved I really think that a third party should get involved and all communication should go through them.