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View Full Version : HELP Ex-Landlady Took whole deposit and asking more for "repairs"



Rich_England
01-28-2012, 11:21 AM
Dear All,

We moved out of our flat in Valencia at the end of december after renting for 2 years. The flat was in good condition except for 2 window blinds and a door damaged because of the air flow in a 15th floor flat. We expected to have to pay for these items around 300-500 euros perhaps. We have recieved so far 6-7 emails (essays of around 3-4 pages) with an unbelievable amount of things she thinks are damaged from the front door lock to stains on the marble floor to bedroom drawers that she claims do not shut properly. She also says we broke 10 plates costing 5 euros each. That is a lie and she has no proof of this. Unfortunately we do not have photos nor an inventory of these things. She has so far spent 1150 repairing the flat and has sent us receipts or the work done. We paid 850 deposit so now she is asking for more money or for us to get a lawyer. In the contract it is written that we would pay for usage damage and other damages. It also says we would pay inflation charge which she is now asking us.

We do not have a end-of-contract form signed due to bad communication with her she is not replying to emails nor will meet with us only that we have to pay this money.

The flat was left in good condition but I really don't understand what is to stop any landlord/lady from rennovating their flat at the tennants expense after the renting period.

Obviously repairs can pretty much be done at any cost so she is getting professionals to repair everything, including 500 euros to repair the window blinds and over 400 euros in carpentry and additional for a plumber...

Do we have any sort of a chance against this?

Rich_England
01-28-2012, 12:13 PM
I forgot to mention that already as well we had to pay for the boiler to be fixed in december 100 euros (the boiler is 13 years old and was full of calcium build up) and that she wants us to pay for her air conditioning to be fixed, which we never used.

Patricia
01-30-2012, 06:19 PM
Hello Rich England,

I will give you an opinion based on the information provided, though nothing can be ascertained until the rental contract is read.

The inventory is crucial in this case, and tit is the reason why it has to be provided at the beginning of every tenancy. In this case, the landlady can be in trouble if she is repairing items that she cannot prove were damaged and actually existing at the time if the tenancy, and in which conditions.

For instance the blinds repair, damaged due to natural causes, should initially be paid by the landlord, as the tenant has not broken it voluntarily; it has been damaged by the use of it, and the landlady may even probably have a home insurance to cover those expenses. The same applies to the boiler, as the lime has been accumulating there for 13 years and the tenant cannot be held accountable for it, unless the boiler has been damaged by a bad use. With regards to the Air Conditioning, your landlady would also have to prove that the repair must be done die to a bad use, and if unable to prove if before the courts, she would be responsible for those repair costs.

Your landlady has acted improperly as she has taken possession of the apartment without having reported the damages in advance; therefore, she is unable to claim them at this stage. Initially, you would be in you full right to claim at court that the deposit in refunded. Also, if the landlady accepted the payments without any claims during the tenancy, she is unable to now claim the inflation charge that she failed to claim at the due time.

Please feel free to email me on Patricia at Lawbird.com if you wish to enquire further or that we check the rental contract.

Regards,

Rich_England
02-02-2012, 12:53 PM
Many thanks Patricia, the contract is complicated but I have emailed you I really hope you can assist us further on this matter it's still ongoing...