JuridischForum.be

Hi,

Upgrade estate (Upkot buildings) wants to charge me a complete repaint of a wall of my former studio. I took pictures of the wall in question before I left (I have moved back to Canada september 5th), when I was with the person verifying the studio. The person is arguing that there are marks on the walls which in her opinion require a complete wall to be repainted (which I definitely don't agree), to my charge i.e. on the deposit I made when I started renting the studio. The marks are very small, less than 5mm large (barely noticeable, unless you look very very closely), and could have been present even before I got the studio in the first place. I had other problems when I got the studio in the first place and they never fixed it, e.g. shower door hinge defect. The person verifying the studio was doing regular controls throughout the years and never ever told me anything about the walls, and that something had to be repainted or whatever. She only told me at 8h00 the day I was heading to the airport at 9h30!

In the following email communications, she changed her mind and then is asking me to pay not for the wall she was arguing about, but another wall! I told her that I find it quite unusual that she changes walls just like that. She started again asking 141euros + 21% tax which I find quite expensive especially when again there is no damage on the walls in my opinion, only very small marks which could have been present before I even moved in. Then she changed the price to 121euros + 21% tax. I told her I would only pay for a touch up, that is only because I am kind and I want to get rid of this situation, and this is the maximum since normally I wouldn't pay anything since I didn't do any damage. A touch up would do the job just fine since the wall is beige and the complete building (over 100 rooms) has this exact same color matched beige, and on top of that the marks are so small the touch up wouldn't even be visible.

She then decided to contract a painter for the complete wall, apparently (even if I didn't agree, and offered the touch up option), and she now asks for 75euros +21% tax. She is still trying to negotiate something, which I find weird and still not okay. She also told me that 30% of the students in the building got charged for wall re-paint, a number which I find quite high and suspicious. Meaning they charge pretty much everyone for anything they can charge, which again is taking advantage of the students leaving the kots (apartments).

How can I solve this without paying for the complete wall repaint which I definitely don't agree?
I need my money back from the secured account so I can pay my rent and furniture in Canada.


Thanks,


Vincent

Probably you re right that the landlord is ripping you off a bit but being right is not the same as obtaining right. If the landlord remains stubborn you ll have to come to court in Belgium. This is not a realistic option for former abroad students. If you rented directly without a broker you paid to defend your interests then the quickest way to recuperate (most of) your deposit seems accepting some loss to get the most of your deposit back.

I am so sorry to hear that, but it doesn't surprise me! Me myself rented some years ago a 'studentenkot' with Upgrade service. With them you have to watch out.
I don't want to bother you with my detailed story I could write about them, but I want to ask you: what does the contract say?
Was the deposit made on a blocked bank account on your name or did you transfer it to their own bank account?
And did you make a 'plaatsbepaling' = a detailed list of what was wrong with the room when you moved in? If not: they cannot charge you of anything, if there is such a list: they could try to charge you BUT because you say that the 'stains' are so small, it is normal use/wear of the room, and that is nothing they can charge you for. Stains, spots, marks on the floor, wall, furniture etc. are normal when people live in a room. Only broken things, bad cuts, real damage can be charged with the deposit.

If you don't agree with Upgrade service, you can
A. ignore them, if you are sure that the stains are minuscul.
B. and tell them officially (email, letter) that you don't agree and you want your full deposit back
C. and go to 'het vredegerecht' in the village/city you rented the room. Contact them and tell them your story. Maybe it is possible that you can settle this per writing and email
D. or contact 'de dienst huisvesting' of your university where you went in Belgium. They can contact 'het vredegerecht' for you.

If upgrade service refuses to give your deposit back, the only way to handle it, is trough court (vredegerecht); like every other student in Belgium has to do if the renter doesn't want to give the deposit back.

Good look!

* landlord, not renter I mean

Moeten die (firma)namen echt?