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merlin2905
Leeftijd: 38
Geslacht: 
Sterrenbeeld: 
Studieomgeving (BA): HG
Berichten: 4
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 Geplaatst: za 18 jun 2011 15:46 Onderwerp: HELP needed! Borg&Leveringen en Diensten |
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Hello all,
I thought that maybe of you can give me his/her advise or opinion on my case:
I moved out of my apartment at the end of April 2011. After that I have been contacting my landlord several times, because I wanted my Borg back and the afrekening for all the utility costs. He replied twice and said that it's normal to take 6-8 weeks. Okay, I waited. Last week I wrote him an e-mail saying, that I want the money on my account (at latest) the 21st of June.
Today he replied with the following:
"De borg betalen we niet terug in verband met opzegging binnen een jaar (zie art. 4 lid 4 van het huurcontract).
Tevens blijkt uit de jaarafrekening dat je ons geen geld meer bent verschuldigd voor gas, water en elektriciteit. Er heeft ook geen teruggave plaatsgevonden, dus je hebt ook niet te veel betaald.
Ik hoop dat het zo voldoende duidelijk is. "
For your information: My contract was from 01.05.2010 to 01.05.2011! Art. 4 lid 4 of my contract says: "Als binnen een jaar na ingangsdatum de huur wordt opgezegt, vervalt de waarborgsom."
For me (and he also told me in the beginning), this means that I have a renting contract for ONE YEAR and then I get my Borg back!
I called him afterwards, he told me that I don't get the Borg back because I have send the cancellation of the contract before the one year was over. (Doesn't make sense to me.)
Another thing:
I have been at my hometown for a total of 4 months of the year, so I did not use any gas,water or electricity. I should defenitely get some money back from the energy provider. But in his e-mail he says that I don't get anything back. That's not realistic!
On the phone then, I asked for the original afrekening and he said something like: Yea, I have to look if they are at the office, I don't know now, but I will look on Monday. But, it will be complicated to have a individual bill because the house numbers 32 and 32A (that's where I lived) are billed together and yea, its complicated and difficult and etc etc, but yea it will work somehow.
Firstly, I was living in an OWN apartment and had my OWN gas,water and electricity meters. And, anyway, I know that I get money back there, because I barely was at that apartment!
So, that's it for now, a little much, I know..
I hope someone can give me any advise or opinion on it! |
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Martha
Leeftijd: 44
Geslacht:
Sterrenbeeld: 
Studieomgeving (BA): UvA
Studieomgeving (MA): UvA
Berichten: 412
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| Geplaatst: za 18 jun 2011 17:53 Onderwerp: Re: HELP needed! Borg&Leveringen en Diensten |
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Dear Merlin2905,
to me it sounds like your landlord is being unreasonable.
According to your profile you live in Groningen.
You might try to seek advice at www.rechtswinkel-groningen.nl
Good luck! |
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merlin2905
Leeftijd: 38
Geslacht:
Sterrenbeeld:
Studieomgeving (BA): HG
Berichten: 4
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| Geplaatst: za 18 jun 2011 18:09 Onderwerp: |
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I will try that.
But why do you think that it's unreasonable? Maybe a little more information on your opinion? |
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Martha
Leeftijd: 44
Geslacht:
Sterrenbeeld:
Studieomgeving (BA): UvA
Studieomgeving (MA): UvA
Berichten: 412
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| Geplaatst: za 18 jun 2011 18:49 Onderwerp: Re: HELP needed! Borg&Leveringen en Diensten |
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| merlin2905 schreef: | | But why do you think that it's unreasonable? |
Well, because the contract says...
"Als binnen een jaar na ingangsdatum de huur wordt opgezegt, vervalt de waarborgsom."
...but apparently you did rent the place for a year and left at the end of the last month.
| merlin2905 schreef: |
I moved out of my apartment at the end of April 2011. |
Don't know why that clause is there, but it seems to me that it's purpose is to compensate for the costs of finding a new tenant...and to compensate for the time the apartment will be vacant. Can't really think of any other purpose for that clause.
The costs of finding a new tenant and the time the apartment will be vacant are in no way dependable on the moment you inform the landlord of your cancellation. It could even be argued that the earlier the landlord is being informed the less likely it is he will have any losses (cause then he has more time to seek for a new tenant...and also does not immediately have to resort to costly advertisements, etc...cause he has more time to resort to inexpensive alternatives.
So in all it is in no way logical for that clause to imply that the moment you inform the landlord is of any importance to getting the money back or not.
Furthermore to my knowledge if someone says "ik heb mijn huur per dan en dan (datum) opgezegd" it usually doesn't refer to the date of informing the landlord but to the date the contract is being terminated.
Furthermore it seems to me very unreasonable for the landlord not to give any insight as to the electricity costs that have been made. |
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bona fides
Geslacht: 
Studieomgeving (BA): UL
Studieomgeving (MA): UL
Berichten: 22911
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| Geplaatst: zo 19 jun 2011 2:31 Onderwerp: Re: HELP needed! Borg&Leveringen en Diensten |
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| merlin2905 schreef: | For your information: My contract was from 01.05.2010 to 01.05.2011! Art. 4 lid 4 of my contract says: "Als binnen een jaar na ingangsdatum de huur wordt opgezegt, vervalt de waarborgsom."
For me (and he also told me in the beginning), this means that I have a renting contract for ONE YEAR and then I get my Borg back! |
I think any reasonable person would agree.
Furthermore, even if the landlord's interpretation of the clause were correct, the landlord would still have to return the waarborgsom. It is a fact that the contract was for "een bepaalde tijd" of 1 year, ending the last day of April. The law then allows you to do an "opzegging" with one month notice per 1 May, and this is also required if you don't want the contract to continue (art. 7:271 lid 1 BW). The clause would effectively charge you with the waarborgsom if you want to make use of your right to end the contract per 1 May. This is an unreasonable advantage for the landlord, so that the clause is void (art. 7:264 lid 1 BW).
A clause permitting opzegging per a date before the end of the 1 year rental period on the condition that the tenant loses the waarborgsom might be legal (although even that is not so clear to me, since it could lure tenants into signing very long term contracts with a somewhat large fine on a preliminary opzegging).
Regarding the afrekening servicekosten, as far as I'm aware you're entitled to see the original bills that formed the basis for the afrekening.
_________________
Hanc marginis exiguitas non caperet. |
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merlin2905
Leeftijd: 38
Geslacht:
Sterrenbeeld:
Studieomgeving (BA): HG
Berichten: 4
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| Geplaatst: zo 19 jun 2011 20:59 Onderwerp: |
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Thanks for your answers!
I have written him an official letter yesterday, stating that I have asked my lawyer and that I indeed am right in getting the "borg" back. I requested to transfer the money on Monday. (I have already send him this deadline 2 weeks ago). I also said that if he does not do that I will immediately go to the police and it will have further juridical consequences for him.
Further I requested a individual, original utility bill.
Let's wait now, I hope he cooperates now. |
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