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Getting kaucja back - dealing with landlords


melanie2222
27 Mar 2014  #1
Hello,

I am living now for awhile in Poland and I am just moved out and I wanna get my kacuja back of my previous apartment and I will

meet this lady later next week. However she said: "I have to call the electricity and water company to see how much you used but

they always send me the bill in June"

If she cannot get a final bill from those companies does she has the right to keep my kaucja till June? As I do not trust it to cancel

the contract, give the keys back when I will not get the kaucja directly. First she said that she always get the bills in March and

now out of nothing it's in June.

I hope someone can let me know the best way to deal with such landlords.

Thanks.
Cardno85 31 | 976
27 Mar 2014  #2
As the owner, she has every right to withold the deposit until the final utility bills can be confirmed. If you need your deposit back ASAP then contact the utility companies for proof of payment. I had one situation where I actually got more than my deposit back 2 months later because I had overpaid my bills.

Put yourself in the owner's shoes, she doesn't know how much you have used of the utilities, why give you the deposit back and then have to chase you up for money when you are long gone?
Snowflake - | 71
27 Mar 2014  #3
there is no reason to worry about. Every landlord must keep the deposite untill the bills comes.
jon357 63 | 14,134
28 Mar 2014  #4
I've got a feeling she just wants to keep it. Very common.
InWroclaw 89 | 1,915
28 Mar 2014  #5
Isn't there some regulation that says a landlord must return it within 14 days after the tenancy ends, or something?
In reality, can that be enforced?

Which city are you in, OP? For some cities, I know where the free legal advice centre is and can point you to their front door.
jon357 63 | 14,134
28 Mar 2014  #6
In reality, can that be enforced?

Not unless you want to plug at it for years - really years - through courts. Landlords know that.
Olaf 6 | 956
28 Mar 2014  #7
You can definitely get the current balances from the suppliers. If the landlady says she always gets them in June (March or whichever month) she either doesn't know it is possible or is lying. It is just a call or visit to the gas and electricity company to do it. You can go with her. One visit and it's done.
Harry
28 Mar 2014  #8
Not unless you want to plug at it for years - really years - through courts. Landlords know that.

Yes, but we know that they haven't been reporting the income from the rent to their tax office (and paying the tax owed on it). Once we make it clear to landlords that they can either give our money back to us or give a lot more of their money to the tax office and still have to give our money back to us, they give the money back.
Olaf 6 | 956
28 Mar 2014  #9
I don't think most landlords would be that stupid. This tax isn't big money. Are you really sure the tax is not payed or it's just your as

sumption?
Harry
28 Mar 2014  #10
I've yet to meet one who pays tax on the rent they get.
Tipsy toe
28 Mar 2014  #11
you will be surprised.lot of landlords even issue faktura to there tenants so just dont assume.
Harry
28 Mar 2014  #12
OK, let me rephrase that: in 19 years of living in Poland I have never had a landlord who paid tax and never had a faktura; furthermore, in those years I have never spoken to anybody who said that they had ever got a faktura from their residential landlord and I have never spoken to anybody about a residential landlord who said that that landlord paid tax. Also, I have never once had or heard of a residential landlord to failed to cave in when threatened with being reported to the tax office. Your mileage may vary.
Tipsy toe
28 Mar 2014  #13
Then I am the first one for you.I have one residential rental and pay 10% under reach out tax programme along with my another 6 commercial rentals.So dont get fooled when someone looks like an ass in the court and gets counter sued.
Harry
28 Mar 2014  #14
Then I am the first one for you.I have one residential rental and pay 10% under reach out tax programme along with my another 6 commercial rentals.

With seven rental properties, you are far from the average landlord in Poland. Assuming, that is, that you actually do rent out seven properties; we get lots of usernames who post here claiming to be landlords renting out multiple properties but then the poster can't answer basic questions (it turned out that more of the usernames were the same failed Indian shopkeeper). Can you perhaps give us more details as to this 10% rate reach out tax programme? I'm entirely unaware of that; as far as I remember the rates for individuals are 8.5% up to about 20,000 and then 20% after that.

So dont get fooled when someone looks like an ass in the court and gets counter sued.

Counter sued for what exactly? Saying to the tax office "My former landlord refuses to give me receipted for the money I've been paying him in rent." is in no way actionable (assuming that said landlord has been doing that).
Lenka 3 | 1,545
28 Mar 2014  #15
Well, I'm on Tipsy's side on this one. Most landlords don't register however we can't work on that assumption. Just go with the lady to the offices and ask for receits. Btw- the meters should be on display so you should be able to check for yourself how much you used.

Do you mean "friendly" neighbour, Harry? Even the thought despises me. If you want to act act as yourself, don't use some dirty snitching.
inkrakow 1 | 98
28 Mar 2014  #16
It's a bit suspicious - whenever one of my tenants moves out I always take the final meter reading to the electricity company and get the meter signed over back to me from that moment. They then send a final bill (or refund) to the tenant. It's very straightforward.
Harry
28 Mar 2014  #17
Most landlords don't register however we can't work on that assumption.

Depends what you mean by 'work'.

Just go with the lady to the offices and ask for receits.

Yes, that is exactly what to do. If she decides to be difficult, well....

Do you mean "friendly" neighbour, Harry? Even the thought despises me. If you want to act act as yourself, don't use some dirty snitching.

I have no idea what you mean by " "friendly" neighbour". My point is that some landlords have a habit of trying to rip off their foreign tenants, and when somebody is trying to steal from you, they forfeit their rights to be treated like a normal person.
Lenka 3 | 1,545
28 Mar 2014  #18
I have no idea what you mean by " "friendly" neighbour".

Quite common situation- like when a "friend" is telling you he/she saw your wife/husband somewhere e.t.c. Basically snitching.

My point is that some landlords have a habit of trying to rip off their foreign tenants, and when somebody is trying to steal from you, they forfeit their rights to be treated like a normal person.

Firstly, I never saw you defending the landlord.
Secondly- we may as well say the same in reverse- that if this person is trying to escape paying bills we shouldn't look at her as a "normal person"

P.S. Please notice that I don't think the tennant is at fault I just try to show different perspective.
Cardno85 31 | 976
29 Mar 2014  #19
P.S. Please notice that I don't think the tennant is at fault I just try to show different perspective.

I have never been a landlord, but I can see what you mean. A foreign tenant is a much higher risk. If you have a Polish person you have their Pesel and main address. However, a foreign person could just fly off home and not pay final bills...why should this person be given back their deposit based on honour? I think the best option is get the final bills and change the billing back to you and then, once all is finalised then give back the deposit.

Personally, it appears a lot of people here have such an "us and them" relationship with their landlord. I have always tried to be as friendly and open with landlords as possible in order that, if something happened with my income, I would let them know there may be a delay and they were always clear with me about where charges are coming from with receipts. My current landlord I have even invited over for drinks (it helps that he works for Heinenken and brings free beer!).

Why can't we all just get along?
Olaf 6 | 956
1 Apr 2014  #20
That is very true Cardno85 and you presented exactly mine attitude here. That's how it should be too. Less problems, less conflicts. Why not have the tenant sign a deal with all providers - problem with any unpaid bills is solved. Then you can hand over the flat in one meeting. The deposit is given back (or if agreed, used for last payments) full or deducted if anything was broken etc. One day, one meeting.

Having PESEL isn't making it safer, you can have foreigner's passport number and it will give pretty much the same (nothing to execute the missing money).


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