Now after more than four years and over 60.000 euro having been paid in rent the landlord recons over the years some payments were missing and that he is owed more than 3000 euro, when asked about the month deposit he got when the house was first rented he says that this has been used(?) already > there was never a rent book so what can be prooved eitherway?
2007-02-27 08:19:50 · 4 answers · asked by Marie-reine P 1 in Business & Finance ➔ Renting & Real Estate
Without knowing the law in your country (as Euro's could relate to a few places) then it's difficult to say. Do you have any record of the payment, i.e. cheques or payments from your account to his, or regular withdrawls of a particular sum on a regular day of the week/month? If so then you probably have quite a good case.
In the UK the landlord can't use your security deposit for back pay of rent without an agreement from you, so unless this has been used to replace things you have taken or fix things that wasn't general maintence rather your mistreating, then he wouldn't be able to "use" it.
Also in the UK if this went to court and you couldn't show the regular payment as said above, but you could show that you have had a good relationship up to now and this is the first you've heard of this arrears, then the equity rule would come in whereby if it's taken him more than 4 years to challenge you about this then he's out of time (equity does limit at 6 years but judges would only accept good reason to wait that long before taking you to court). However if he's saying that this arrears is a recent problem and he's been asking for a while then this wouldn't come into play necessarily.
I would ask for a rent book for all future payments (or just receipts of your payment signed by the landlord would do) until this issue is resolved and speak to a legal representative.
Please don't listen to the advice about not paying as if this does end up in court then that won't do you any favours.
2007-02-27 08:33:53 · answer #1 · answered by Rachel T 1 · 0⤊ 1⤋
Stop paying him rent but make sure you find somewhere else to go!! without a signed rent book you are a little screwed but on the other hand so is he, what about rent agreements??? if you stop paying rent and he has no rent agreement for that period then he has no proof of debt to him and you can get away with not paying, but he will eventually get you chucked out, but write him a letter telling him why you are not paying him, condition of the property etc and then he has to reply, but keep copies
2007-02-27 16:28:11 · answer #2 · answered by SCOTT B 4 · 0⤊ 0⤋
You sound like you are in a safe situation to me. The burdon of proof is on the landlord, not you.
2007-02-27 16:23:19 · answer #3 · answered by Mark P. 5 · 0⤊ 0⤋
you didn't get rent book or receipts.Fool.He must want you out.Refuse.He will have to take you to court which will take time and money.Cost to you nothing.Don't pay rent then days before you go
to court leave.Nothing legal can happen to you.If he wants to steal money-Make Him Pay.
2007-02-27 16:27:46 · answer #4 · answered by Butt 6 · 0⤊ 0⤋