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Rentals Deposit Return


itsvvp
4 Oct 2023   #1
I have a notified my landlord (agent) that i'm moving out a month before (ie. I was moving out on 30 August and contract end date was 30 September ) he said that he need to find the new tenant or else he won't return the deposit. He is not helping us at all, he has not posted the advertisement on any online platformso I am not sure how he is going to find the new tenant (when we asked to send the link of ads, so that we can share it with other people and to help him finding a new tenant he said there is some issue in otodom and he is unable to add it.)

Since I had no option, I moved out, the agent didn't even come to take apartment keys (even we were calling and emailing him ). As we were moving out of the country we had given out apartment keys to one of our friend and asked to handover to the agent. We informed same to the agent. Still he didn't come to pickup keys for next 7-8days after we left. Finally, we told him that our friend is moving out, and you need to pick up out apartment keys asap otherwise we will not be responsible. So, he went and pick up the keys.

Now, even after couple of months we can not see any advertisement or we do not know if the apartment is rented already or not. We need our deposit back as it was a huge amount.

I want to know what should be done. Is there any way to file the complaint against it?

We did not see any efforts from our agent to look out for the new tenants. (we also paid the brokerage to him)

Thanks
Cargo pants  3 | 1443
4 Oct 2023   #2
won't return the deposit

He will not.

he has not posted the advertisement on any online platform

Depends on your contract,he should be in no hurry.Landlords dont need extra work after signing a contract.

We need our deposit back

Good Luck with that,if you even get a part of it or maybe with bills more then your deposit.
OP itsvvp
9 Oct 2023   #3
Is there any way to file a complaint or take them to the court.
cms neuf  1 | 1784
9 Oct 2023   #4
How much was your deposit and how much was the rent ?

If your deposit was less than say 3000 then it won't be worth the hassle with the court which will be slow and will all be in Polish
OP itsvvp
9 Oct 2023   #5
the rent was 4000 and the deposit is 5000, we also paid the brokerage 2500 (to agent)
cms neuf  1 | 1784
9 Oct 2023   #6
Yes, get your contract out and check two things

- what would happen if you broke the contract early
- if there is any mention of the thing about having to find another tenant

You could have a lawyer read it would probably cost you about 300 zloty and they will give some proper advice - better than you will find on an internet forum
OP itsvvp
9 Oct 2023   #7
- what would happen if you broke the contract early - It says, we can end contract mutually (which is not happening)
- if there is any mention of the thing about having to find another tenant - not mentioned

Yes, I have contacted to the lawyer as well. It's always better to ask people what would they suggest and by getting someone's advice we also get some courage to go forward. :)

Thank you so much!
Cargo pants  3 | 1443
9 Oct 2023   #8
- It says, we can end contract mutually (which is not happening)

Will never happen.Now,tell me what about the extra work the landlord has to put in like,placing an ad,showing to potential tenants and what if he hires an agent and has to pay the commission to the agent That is why the landlord has a contract.

.What about the commission he paid to the agent to get you?
Even if you find him a tenant,landlord may not like them and request credit history,recommendation letters,there are 101 excuses.
My suggestion with first hand experience:Dont waste your time and more money just eat the loss.If you even go to the court the landlord will definately come up with the bills way more then your deposit including his lawyer fee.lol most likely with the damage to his property,pictures dont mean nothing even if you took them,repair bills are easy to get.

contract

The contract would be valid only if it was signed by the notary and also if a non Polish speaking party gets(pays) for a sworn translator or its null and void.In this case it certainly dont sound like it was done.

Is there any way to file a complaint or take them to the court.

If the landlord knows,his answer would be"What complaint? What court?"
Anybody can go to the court against anybody but the results ???Lawyer fee(depending on the lawyer) will be from 2k to 8k or even more.Most people in these cases usually end up giving up after the extra loss.


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