Tuesday May 24, 2022

You damaged the apartment, say the owner. Bail will have to be tried

Sloen bail when renting an apartment is a common affair. Under normal conditions, the deposit is refundable, in bad circumstances the castle is used for the cost. In the case of Mr Hostinski, the worst circumstance occurred. The owner of the apartment did not simply pay him the bail.

Luk Hostinsk rented an apartment in Prague. He agreed with the owner of the apartment on the price of the rent and at the same time paid a deposit in the amount of the rent, ie 8,500 crowns. According to the contract, the landlord was obliged to return the deposit at the end of the lease, either in full or after deducting any debts on the rent, unpaid area or method.

Damage: scratch on the floor and worn tsnn

Mr. Hostinsk lived in the apartment for nine months, and paid for it on services. Then he moved away and on June 31 last year, he flattered the apartment. The owner of the apartment, Kvtue Hlaviznov, could not be present at the apartment due to her health condition, but she told her son. And trouble started.

Her son found a number of defects in the apartment, namely (we quote exactly according to the previous protocol): a scratch on the floor, a plinth in the kitchen of the line, a damaged door in the kitchen of the line, floating the floor and the edges. Mr Hostinsk signed the report, including any defects.

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“I was not aware that I would cause anything, I did not destroy anything, according to me the floor and kitchen were not of the highest quality and the codes were caused only by the wear and tear of the material,” the former gentleman described. And so he calmly waited for the return of 8.5 thousand bail. This marble.

No one responded to his invitations to the return of the bail, Pavel Hlavizna, the owner’s son, just sent him a veto, written a new apartment owner: damaged door, worn paint, cracked paint, cracked cover on off, and go to it: door from pedsn to the lonice cannot be opened, the carpet prevents it. “So I laughed at me, such nonsense of the furnace really can not be found on me,” said Hostinsk.

The owner of the apartment did not send the code

So we asked the owner of the apartment, Mr. Kvtue Hlaviznov, who has a problem and didn’t go for the bail. “Mr. The caused code therefore pays the compound bail. She admitted that she could not see the information from her son when she first saw it.

However, Mr. Hostinsk thought that the washing and dismantling of the dishwasher was just a screw, so the kitchen was definitely not damaged and the dishwasher certainly could not have caused a day of arrest. Also asserted against assertion.

We also contacted the son of the owner of the apartment, who took over the apartment. There is no reason to explain or defend anything. Mr. Hostinsk caused him problems, he was to blame for the code, which, according to Hlavizna, far outweighs the value of the bail. The bag was unable to communicate this due to codes. Finally, nm sent the following emails:

“Njemnk caused a code to start the apartment. He was informed about the damage by a demonstration protocol and a letter. According to the fine contract, the deposit can be linked to the removal of the code caused by the breeding breed. He is constantly informed about the whole matter, but he would rather stick his head in the sand than live the whole matter. ”

An unreturned bail without a posted code is against the law

It is true that Mr. Hostinsk signed a protocol on the front of the apartment, in which he acknowledged that some small code was created, the dispute is about what code Mr. Hostinsk caused and how it is in it. Hostinsk is willing to pay five hundred for the code, but the owner of the apartment insists that the code will give you a deposit, ie 8500. Meanwhile, the code was sent to less than five thousand, for other defects will only be sent.

According to the first tm, the owner of the apartment could break the law. “The landlord must determine how much, according to his opinion and the code, he must deduct this deposit from the deposit and pay the rest to Mr. Hostinsky within one month from the day before the apartment. By not making even a bail, he made it clear that he had used the entire bail on the code castle, ”explains lawyer Pavel Nastis.

Therefore, Mr. Hostinsky will probably have no choice but to go to court. The exact code is then determined by a forensic expert.

In front of the apartment, read the file, or photo documentation

And how to avoid such problems? “Of course, if the parties agreed in writing when returning the apartment how the whole is in the codes or how it will be determined in the codes, it would certainly alleviate the situation,” the lawyer recommended.

So if you are going to rent an apartment that you have rented, decide to use the pedvac protocol. If necessary, create codes to drink in as much detail as possible. If possible, agree with the owner on these codes or how the code will be sent. And for sure you can enjoy photo documentation and video. This should not be a problem, even if the apartment owner does not agree with it.

“If you take pictures or shoot only the apartment and its furnishings, ie not the landlord’s person, you do not interfere in the days of his personal first and you can do so against his influence,” Nastis said.

paragraph 686a

(1) The landlord is entitled to require the tenant to deposit funds for the tenant and the castles for the full provision in connection with the purchase of the apartment and the castle of other volumes in connection with the rent.

(2) The deposited funds may not exceed three times the amount of rent and the deposit at the castle for the full provision in connection with the outside of the apartment.

(3) Unless the landlord agrees otherwise with the tenant, the landlord is entitled to attach these funds to the castle of receivables for rent and to the castle for full provision in connection with the lease of the apartment or to the castle of other debts of the tenant in connection with psemn recognized. The Lessee is obliged, after a written request from the Lessor, to replenish the funds on the original credit, if the Lessor has used the funds on the original basis within one month.

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(5) The first party who is guilty of a decision of a court or other public authority with the same consequences is otherwise entitled to the payment of funds.

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