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How to get back the deposit

Hi All,

My problem is a bit strange.
I am from Germany. In August, I went to Odense to work for an organization. I hired an apartment there and as per agreement, I paid the 3 months rent + security money (2 months rent). This means that the collective sum I paid was a 5 months rent. Out of that 2 months was a security deposit which i was suppose to get back. I started living and working in August 2016. However, by the end of the month, I realize myself not able to accommodate with the environment so I decided to go back to Germany. I immediately told the landlord about that and it was ok. Since the contract deadline was 3 months, I have paid already for Sept, Oct and Nov (as a summed up money), I only paid for Aug and went back home. Of course, I met with the landlord, showed him everything, drank a coffee with him and said him goodbye. The official rental period will end in the end of Nov 2016. However, I left the apartment in August. The landlord mentioned (in Aug) that everything is fine and he will return the deposit. I have the email communication as a proof. But till toady I havent got anything. Though he wrote me 2 times in Sept and Oct that he will transfer the money in next few days but that few days never seems to come to an end.

Now I am in Germany and working. The landlord is neither replying to my mails nor answering my calls. What is my best option to get the deposit back? Is there a way for someone like me who no longer lives in Denmark can get a legal help or initiate a legal process. Or what is the process to initiate such campaign.

Any experience, advice would be highly appreciated.

Kind Regards,
Gul

I would advise you to contact Fyn's tenant association and put your question to them.
http://www.lejerfyn.dk/
You have to become a member of the association to get their help, and a membership costs 675 kroner the first year (calendar year?), but they will definitely be able to help you.

This a link dealing with your rights:
http://www.boligportal.dk/info/boligudl … depositum/

/Nellie

Dear Nellie Berg,

Thanks for your reply, I tried the link you mentioned even with google translation, its a bit of difficult to get to the right spot at the page (because of translations). But I thank you for this help. I will register myself and let see what happens.

My understanding is that it is a rental portal where the members can advertise their apartments for renting and vice versa.

With Kind Regards,
Gul

The latter link leads to a rental or selling site, but there are also advice to find about the rent act for both renters and landlords.

There is also Huslejenævnet, e.g. the municipal board which judges in rent disputes between renters and landlords. Actually, it isn't the right place for this case as the landlord has acknowledged to pay your money back, but just don't do it. With a verdict from Huslejenævnet in hand, you can summon the landlord for a trial at Boligretten (housing court).

You'll still have the possibility to complain about the amount of the rent if you think it might be too high.  http://www.odense.dk/borger/bolig%20og% … ejenaevnet
It costs 305 kroner to make a complaint over the rent, but it may be worthwhile as the landlord will have to pay back what he has overcharges.

Can you read this leaflet?
file:///C:/Users/Guri/Downloads/Folder%20huslejen%C3%A6vn%202016ny.pdf
On page 1 to the left there are two addresses. The first one offers free legal assistance, but only if you turn up personally. However, the other one doesn't have the same restrictions, and you can email them.

Retshjælpen i Vestergade
Vestergade 51, 1. sal
5000 Odense C
Tlf. 66 12 09 44
www.retshjaelpenivestergade.dk
Åbent tirsdag og onsdag kl. 13-16
og torsdag kl. 15-18.

Start writing to Retshjælpen.

/Nellie

Hi Nellie,

Thanks for your post. I followed your guidelines. I looked at the document you mentioned. I can prepare the case and send them to the Odense committee. I have to transfer them the fee but somehow I cannot understand the account number. Thats what I found

Du skal betale beløbet samtidig med, at du afleverer klagen. Du kan også overføre beløbet til nævnets konto i Nordea: 2206 3495369691

I can only make online transfer and that konto and bank code is required. Could you please have a look at above those lines and help with the account number and bank code. for example:
my under standing is 2206 is the bank code and 3495369691 is the konto but this is no correct or if all of it is the account number then what is the bank routing code or BIC.

Thanks for the help and
Kind Regards,
Imran Gul

Hi Imran

You are quite right regarding the bank account number. The first four digits defines the bank to which the amount shall be transferred. The rest of the number is the receiver's account. For some banks, the registration number is part of the full account number (10 digits totally)

However, I guess that your problem was related to the fact that you are trying to transfer money from a foreign account. I have therefore called the bank and I was told that it will be necessary to use an IBAN number. As the transfer will be in EUROs, it should'nt be necessary with a SWIFT number, but I got both numbers.

Huslejenævnet's account: 2206 3495369691
IBAN: DK5920003495369691
SWIFT: NDEADKKK

I hope you will now be able to transfer the money, but else do feel free to write again.

I am afraid that it will take some months before you get Huslejenævnet's decision, but I hope you will share their decision with us when the case is closed.

/Nellie

Hi Nellie,

Many thanks for the reply,
Yes, I am trying to do it from Germany.
Now I can move on with the application.

Yes, sure, after I submit the application, I will keep you posted.

I thank you that you called the bank and simplified it for me.
I hope, some good thing will happen.

With Kind Regards,
Gul

I am glad to hear that, Gul.

I am quite confident that the landlord will have to pay you more or less back. Maybe, Huslejenævnet already knows him from other cases.

/Nellie

What about let the Huslejenævn look at the size of the rent at the same occasion?

I can request them to do so. But the rent was 7500 Kr per month including everything. It was at steingade 1, Odensee

http://www.dr.dk/nyheder/indland/saadan … je-er-hoej
http://nyheder.tv2.dk/finans/2015-09-03 … nemsnittet
http://www.fyens.dk/odense/Prisen-stige … el/2651867

You shall split your complaint up so the two issues aren't mixed together, but can be decided undependently of each other.

Hi Neillie,

Its been quite a long time since we exchanged a message.
I would like to thank you for all or your help and advice.

I would like to share the outcome of the process.

I sent my application package to Huslejenævn and paid them the money in Jan 2017. They replied that they have registered the case and it could take 9 months up to a year to solve because they have to contact the other party and take his/her argument into the account. But in the last month, I got an email from the landlord from Odensee and he requested that he would like to settle this and would like to pay. I do not know what happened in the middle but I assume that Huslejenævn might have wrote him something.

In the end he paid me the deposit in full and I took the case back from Huslejenævn.
This really worked as I got my money.

I am grateful for your help.

With Kind Regards,
Gul

Hi Gul,

Congratulations! Nice to have this issue settled satisfactory. :top:

I think that your landlord reacted as soon as he was aware that Huslejenævnet had been involved. As he had already accepted to pay your deposit back, he knew the result, and if  you hadn't withdrawn your, he would have had to pay for the casework, and it might also have other consequences for him (warning, blacklisting).

Perhaps the rent was also set too high, and he would have to pay you some of the rent back.

Indeed, he had much to lose, nothing to win by going on.

Huslejenævnet has done nothing except contacting him, and he hasn't written them back, but contacted you instead. I am quite sure because else you would have received a mail with the landlord's answer/statements.

I thank you for taking your time to give this feedback.

:cheers:
Nellie

Hi Nellie Berg,

I have a question too regarding.

I am staying in Silkeborg and i vacated my apartment recently. Me and my landlord are still agreeing on settling the remaining Depositum. However it been 1,5 months since i heard from my Landlord. How long can usually a Landlord hold the depositum with them?

Thanks for the Help

The landlord shall tell you what you shall pay for within a fortnight after you have moved out. If not, you don't have to pay anything.

I presume that you and your landlord have gone through the apartment together and both signed a list of the things which have to be fixed? If so, you shall pay for these things and nothing else.

He'll have 4-6 weeks to calculate the amount you have to pay. If you shall not pay anything, he should have given you your money back within 2-3 weeks.

If the landlord does not play by the rules, you can contact Huslejenævnet i Silkeborg.
http://silkeborgkommune.dk/Borger/Flytt … slejenaevn

I hope this will do, but else feel free to ask again,
Nellie


Can you read this with the help of Google Translator:
https://blog.lejeguiden.dk/tilbagebetal … depositum/

14 dage efter fraflytning:
Giv lejer besked om, hvad han skal betale for.
Skal din lejer betale for at udbedre mangler eller skader på din bolig? Så har du 14 dage til at fortælle ham, hvad han skal betale for. Har du og din lejer underskrevet en fraflytningsrapport, så står det i den.

Giver du ikke din lejer besked inden for de 14 dage, så behøver han ikke at betale for mangler og skader, når han flytter.

2-6 uger efter fraflytning: Beregn og tilbagebetal depositum
Nu er det tid til at finde ud af, hvad det koster at udbedre de mangler og skader, som din lejer skal betale for. Beløbet skal du trække fra depositummet.

Behold hele depositum, indtil du kender omkostningerne. Normalt skal du dog inden for 1-1½ måned, efter din lejer er flyttet, tilbagebetale depositum – eller rettere det restdepositum, der er tilbage, når omkostningerne er fratrukket.

Skal din lejer ikke betale noget? Så skal du betale depositum tilbage inden for 2-3 uger.

Nogle gange får du og lejer ikke afregnet hele forbruget ved fraflytning – det kan fx være, hvis lejer flytter ud midt i ejerforeningens varmeregnskabsår. Så må du beholde en del af depositum, indtil regningen kommer. Beløbet skal svare til det, du forventer, din lejer skal betale. Det kan være en god idé, så du undgår at komme til at hænge på din lejers regning.

Hi Nellie,

Thanks for your Help.

In my case i am not sure how to interpret. Because my landlord came with a printout on list of things to be repaired or replaced. I didn't agree to a lot which i thought was not reasonable. So my landlord mentioned she will evaluate the list again and comeback. But its been 5 weeks now and i did not hear anything from my Landlord.

We never signed any relocation report. So i am not quite sure how to proceed here.

Best Regards,
Sibi

I am not a lawyer (unfortunately, it would have been very useful) so I can only refer to relevant sites. However, my first thought is that the landlord has exceeded the time limit of 14 days why you don't have to pay anything.

Personally, I would contact the landlord, telling her that she has no right to withhold your deposit as she has exceeded the time limit for submitting a claim on you, and if you haven't got your money within a week (given date), you'll don't hesitate bringing the case to Huslejenævnet.

I think I would start to ask the free legal assistance
https://silkeborgbib.dk/tilbud-til-dig/retshjaelp
Don't expect too much, but you may get a clue and hopefully some good advice how to formulate your complaint. Use only the free assistance, don't meet up at the lawyer's office. It will be quite pricy and not necessary.

Another possibility is to ask the Renters' Association for help
http://llo.dk/Om-LLO/Afdelinger/Silkeborg.aspx
It will cost you a membership, 500 kroner.

And the third possibility is to bring your case to Huslejenævnet
http://llo.dk/Om-LLO/Afdelinger/Silkeborg.aspx
It will cost you 306 kroner. I would choose that in your situation.

Please, share you experience with the forum.

/Nellie

Thanks Nellie,

I will look in to this and let you know how it goes.

How do i share my experience, can i recommend you in any way.

It was very much useful help as i am from another place trying to figure out the process in Denmark.

Kind Regards
Sibi

Just write it here. Then others with the same problem can learn if my advice worked. And perhaps I'll be able to advise even better in the future.

Always a good thing with feedback.

Good luck,
Nellie

I just relocated to Copenhagen 3.5 months ago & signed an unlimited lease agreement with a person here starting 1st of September. However, the landlord sent me a 3 months notice on the 30th of November (that he will be back home after a short Journey in Stockholm & that he is giving me notice to leave on the 1st of March). this is despite the fact that the lease is not owner occupied.
Relocating after only 6 month will be very inconvenient to me and my family especially that the date mentioned will be in the middle of their exams.

As this will be a negotiation game, I wanted to confirm what are my rights exactly as per the rent act in order to be able to set a final agreement with him that benefits both of us (as I feel I’m the only one harmed here) & also that I started doubting that he might be after the deposit as well as he is refusing to talk over the phone to discuss the details of what he is proposing or to hear my point of view as i don't agree with the 3 months notice..

First of all, I would ask you to start a new thread under an adequate title so others in the same situation would be able to benefit from the advice (and make it easier for me to find my earlier answers). And please, do also refer to below advice.

My advice to you is to write to the Tenants free advisors:
http://www.lejerens-fr.dk/#

It is law students who offer this service. Normally, they'll answer within 48 hours, but December and January are time for exams so that the response time can be longer. But do try.

There are other ways to go, but they are not free (though not expensive), but let's start here.

I think you have a good case.

:cheers:
Nellie

Thanks a lot Nellie for your quick feedback & sorry for not creating a new thread for this as i'm new here. will do as advised, thanks once more.. :)

You're not the only one who uses an old thread, but it will be easier to get an overview of the forum if the topics corresponds to the titles, but it shall not be an obstacle in itselv. Don't make a fuss about it.

There are also two tenants' organizations which deal with problems on behalf of the tenants. You have to pay a minor amount for their service.
https://www.danskelejere.dk/to-be-a-tenant-in-denmark/
http://llo.dk/

Do share your experience with the forum.

/Nellie

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