Huurherstellingen

dynx · #1 , 26 okt 2017 12:18

Hi,
I have the following problem. I just received the 'Huurherstellingen' from the real-estate agency and i'm quite surprised. Here how it looks (with my comment regarding the actual damage):
- Gebarsten groenten bakken in koelkast € 100,00 (ok, expensive but one container was broken)
- Forfait voor schending kookplaat (nieuwprijs 449,00 euro) € 50,00 (it had some small scratches - for me that falls within standard use. You can not expect that it will be as new all the time)
- Afschuren en vernissen trap € 196,02 (the stairs were not varnished when we moved in. We told that the landlord. Eventually, due to the stairs not being varnished they got 'degraded'. I dont see any fault here on our side)
- Plaatsen en schilderen nieuwe deur toilet 50% € 136,13 (we had nothing to do with that. I think the doors were not dry when they were painted the first time and - we moved into a brand new house.)
- Materiaal voor bovenstaande herstellingen € 102,32

Is there something i can do about it?

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Freshprince · #2 , 26 okt 2017 12:24

Rental damage have to be proven.
Did you sign a 'plaatsbeschrijving' when you moved in?
Same when you moved out?
If you signed one, or both, it'll all depend on it's content.

dynx · #3 , 26 okt 2017 12:32

Yes, i signed both.
But there must be some kind of a way to distinguish whether a damage was caused by the tenant, or by other factors. That should be taken into account, not?

Reclame

Freshprince · #4 , 26 okt 2017 12:48

Yes, i signed both.
But there must be some kind of a way to distinguish whether a damage was caused by the tenant, or by other factors. That should be taken into account, not?

Generally speaking the way to determine is if the end state is different from the begin state.
Any difference, except normal wear-and-tear or 'acts of god', is considered rental damage... It's up to the tenant to prove it's not.
To have a good understanding we would have to be able to look into these documents.

dynx · #5 , 26 okt 2017 13:00

I will look into the 'plaatsbeschrijving' when i'm home. And the 'kookplaat'? Does small scratches on a ceramic 'kookplaat' fall into the therm 'normal wear-and-tear'? For me yes - but i may be biased

And if so - should it really be over 10% of the total worth?
BTW. In 5 minutes time i did find the 'groente bak' for the exact model of the fridge in an online store: 25Euro...

Didymus · #6 , 26 okt 2017 13:58

How long did the rental period last?

I would defintely contest the fridge's plastic container if you can indeed buy the exact replacement for 25 EUR. You only need to pay the damage, which is not necesarily a brand new item.

dynx · #7 , 26 okt 2017 14:15

We rented the house for two years.

bosprocureur · #8 , 27 okt 2017 12:59

How long did the rental period last?

I would defintely contest the fridge's plastic container if you can indeed buy the exact replacement for 25 EUR. You only need to pay the damage, which is not necesarily a brand new item.

You had ample opportunity to buy the "exact replacement " for 25 € before making the "plaatsbeschrijving". Now it is too late.
Why, o why, did you wait for the landlord?

dynx · #9 , 27 okt 2017 13:56

I did not know the container is broken - my wife did not inform me. Anyway - can the landlord buy whatever for whatever price when there are cheaper ways?
I did not managed to find the 'plaatsbeschrijving' yet - must be buried in one of the moving boxes.
I did find this regarding the 'kookplaat' - viewtopic.php?t=21921
Mine was ceramic, but i think it does not change anything.

dynx · #10 , 27 okt 2017 15:29

One more thing - is varnishing the stairs during rental period responsibility of the landlord or the tenant?

Blaatpraat · #11 , 27 okt 2017 16:29

Only in the case when you need to do it because you damaged the object.
But normally varnashing is for the landlord.

A few years ago my landlord also wanted to charge me 50 euros for the 'kookplaat'.
My judge in the court laughed it away. You pay rent for the wear...

dynx · #12 , 27 okt 2017 16:48

Let me show You more visual what it is about: Afbeelding

https://imgur.com/XRZlg3y

In the last mail the real estate agent wrote: 'If we can’t agree on the subject we will have to let an ‘onafhankelijke expert’ decide. Please note that the costs following for working with an ‘onafhankelijke expert’ will be on your account.'

How does that work exactly? Who is the ‘onafhankelijke expert’?

dynx · #13 , 27 okt 2017 17:01

And the doors: https://imgur.com/UlrmdGm

Freshprince · #14 , 27 okt 2017 20:26

The stairs were not varnished upon delivery. You need to maintain, but not better the house. So you don't need to varnish something that wasn't to begin with.

Blaatpraat · #15 , 28 okt 2017 13:10

I think that you can reply to the agent, and to the owner (always send your replies to the owner) that they'll need to sue you.
An independent expert (onafhankelijke expert) is a third person that, in theory, has nothing to do with both parties (you and the owner), and decides which costs are for who.
The fact that they're saying that you need to pay him, is totally wrong. The costs for an independent expert is 50/50, and both parties need to agree at first (otherwise the expertise won't have any value).

I think the easiest way here is to go to court with al this.
In the meantime: pay the costs that you agree with (the container, ok, it's expensive, but you waited that long).
Send a registred letter to the owner (and copy to the agent) that you agree with 100 euros for the container, that you've paid these.
You contest the other costs, and if they don't release the security payment, you'll use the legal forces you have in this country.