Huurherstellingen

dynx · #16 , 08 nov 2017 14:32

And how will it look with the proceedings\lawyer costs when it gets to court?

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KJ86 · #17 , 08 nov 2017 15:06

The cost of legal representation is way to high for something like this.
You'll have to do it yourself.
It's not difficult, tell your story, owner tells his story and the court will mediate.

dynx · #18 , 08 nov 2017 15:07

Ok. And the costs of the proceeding? Who pays it?

Reclame

Freshprince · #19 , 09 nov 2017 14:36

Ok. And the costs of the proceeding? Who pays it?

A reconciliation effort is free.
A court case you pay for 'rolrecht' (normally € 50). You can ask the judge, in case you'd win, you'd get that back from the defendend.

Franciscus · #20 , 09 nov 2017 18:21

Mention in the letter the price on the on-line store of €25 - in court the judge can even say that the cost is € 25 and not €100.

dynx · #21 , 22 nov 2017 11:54

Ok, just had a meeting with the real estate agent. We did not reach a agreement. Here's how it looks:
Stairs - i claim the maintenance of the stairs is for the landlord - based on 'Burgerlijk Wetboek' (Art. 1754 and 1720). In counter i was given this:
https://www.wonenvlaanderen.be/content/ ... verhuurder
http://www.vlaamsbrabant.be/binaries/Zi ... -80640.pdf
is this applicable here?
Doors - i claim it's caused by humidity. She claims it's caused by 'incorrect usage of the doors' - namely closing by pushing it (on the damaged spot) with a wet hand... Not really sure what to do here. Do we need an experts opinion?

dynx · #22 , 24 nov 2017 10:03

Anyone?
Can the rules written by wonnenvlanderen be treated as a overall clarification of the 'Burgerlijk Wetboek'? Or is it something specific for SHM/SVK?

Didymus · #23 , 24 nov 2017 10:49

If you can't reach an agreement, going to court will be the only solution to solve this. If things happened the way you described them, I'm pretty confident the judge will lower the asked amounts significantly.

In any case: who claims something has to prove it. If that door was already damaged before and that damage was described in the "ingaande plaatsbeschrijving", but now the wood is now swollen as well in that spot, the other party can't just claim it's due to "incorrect usage". The judge will probably appoint an (expensive) expert to get an advice in that case, eventually to be paid by the losing party.

Freshprince · #24 , 24 nov 2017 10:59

Anyone?
Can the rules written by wonnenvlanderen be treated as a overall clarification of the 'Burgerlijk Wetboek'? Or is it something specific for SHM/SVK?

Wonen Vlaanderen links to this as an example of clarifying list of tenant's and owners repairs.
In my humble opinion: this list is far from the best, complete or flawless. I think the only reason they link to this list is because it is freely available to them.

dynx · #25 , 26 jan 2018 12:29

Ok, i just came back from the vrederechter. And i'm speechless... Here's the vrederechter's reasoning:

Cooking plate - clear damage, no discussion... Pay it cause in court you will loose this.

Stairs - the tenant has to leave the house in the exact same state as he got it. Varnishing the stairs is the responsibility of the tenant. Point. No discussion - i could not even read the the herstellingen part of the huurwet cause she knows the low...

Doors - clear 'wocht'. Pay it cause you did not take care of the door good enough to prevent this! Seriously... I mentioned that there is no radiator on ventilation system in the hall/toilet. The answer to that was: when You know that - You should have been careful even more...

I'm done - lost the complete faith in the system or any kind of rules... It's ridicules...