big help need :(

where are you?

Sliema

What did you agree about break clauses? Did you go through an agent

Yes i found the apt trough an agent we didnt agreee on anything because today i had to sign the contract and move in to make it clear yesterday i saw the apt i paid and after 1 hour i found out that i have to cancel everything,the agent said that i will lose 1 month from the rent which i agreed,and then he called me and said that the landlord left the country yesterday for 3 weeks  ))

hmmm sounds a bit iffy to me......so how was the landlord going to sign the contract to day if he left yesterday

Hehehe i know is lying.....now i wait but i feel isnt going to be ok

Who is holding the money?   What were you going to do if the lease wasn't to your liking?

Did you agree to use the agents standard lease agreement?

The money is at the owner.1hour after i accepted the rent i received the call that i have to go back home,i immediatly called the agent who said that i will lose the agent fee and 1 month rent,i agreed.And the he talked with the owner and said that he left the country and i will lose everything,he said that is going to talk again with the owner and call me back....no call

georgeingozo wrote:

Did you agree to use the agents standard lease agreement?

No agreement was showed to me.

You are really at the mercy of the landlord. Unless you have agreed some break clause by agreeing to use the agents standard contract, then the owner is entitled to keep all the money. You could try and sublease it

Seams the problem is solved a part of it.thanks for support,you can close topic.

Great. What was the solution?

I will receive somwhere between 50%-60% back

Legally you are entitled to none of it, so that's a good result

georgeingozo wrote:

Legally you are entitled to none of it, so that's a good result

Are you sure? In some countries when you break a 12 month home rental agreement I think that you just need to compensate the landlord by paying the deposit of one month rent.

and in this other recent thread in this Malta forum toonarmy9762 commented the following:

toonarmy9752 wrote:

i have over the years broken two contracts both for twelve months and left after 6months in each case and just lost my deposit of one month rent....

I do not know if that works for the money you have already paid/advanced.

He signed no contract and never moved in why is he lible to pay anything?
He may have had a verbal agreement but I fail to see how  he can be responsable for any payment.

Terry

a verbal agreement has the same status than a written one, esp. if there is a witness (the agent).

you agreed by paying the money, so the contract is valid.

georgeingozo wrote:

Legally you are entitled to none of it, so that's a good result

why he hadnt signed an agreement nor did the landlord and nor for that matter had the agent...this stinks

matm911 wrote:

a verbal agreement has the same status than a written one, esp. if there is a witness (the agent).

you agreed by paying the money, so the contract is valid.

This is not so, a verbal agreement is not the same as a contract in law. If you agree to rent subject to contract then untill the contract is signed neither party is liable. If the landlord was paid in cash insist that he issues a receipt and then inform him and the agent that you will notify the tax office.

Terry

A very good point - especially as you have absolutely nothing to loose !

But he will be subject to scrutiny in the future.

Might even cause the agent some major concern .

Cheers
Ricky

PS In fact even if you get out without charge I would still report the case ! I know I'm bad but .... just the fact that someones tries to cheat on me .....

Cheers
Ricky

The problem is paying anything before agreeing a lease and signing it

tearnet wrote:

matm911 wrote:

a verbal agreement has the same status than a written one, esp. if there is a witness (the agent).

you agreed by paying the money, so the contract is valid.

This is not so, a verbal agreement is not the same as a contract in law. If you agree to rent subject to contract then untill the contract is signed neither party is liable. If the landlord was paid in cash insist that he issues a receipt and then inform him and the agent that you will notify the tax office.

Terry

couldnt agree more

ricky wrote:

A very good point - especially as you have absolutely nothing to loose !

But he will be subject to scrutiny in the future.

Might even cause the agent some major concern .

Cheers
Ricky

PS In fact even if you get out without charge I would still report the case ! I know I'm bad but .... just the fact that someones tries to cheat on me .....

Cheers
Ricky

an everyday occurance here in Malta.

matm911 wrote:

a verbal agreement has the same status than a written one, esp. if there is a witness (the agent).

you agreed by paying the money, so the contract is valid.

a verbal agreement is not worth the paper it is written on.....

toonarmy9752 wrote:

matm911 wrote:

a verbal agreement has the same status than a written one, esp. if there is a witness (the agent).

you agreed by paying the money, so the contract is valid.

a verbal agreement is not worth the paper it is written on.....

Terry

Its very tricky,hope today i solve this.

tearnet wrote:

If you agree to rent subject to contract then untill the contract is signed neither party is liable.

I agree, but I didn't think it was made subject to contract.  By handling over the money before signing puts one in a terrible position

good luck and hope you get it back - some people have absolutely no conscience scruples or morals at all....

Any agreement between two parties, which commits them to something, is legally binding.
Signatures do not make the agreement more binding, they only make it much easier to prove in a court in case of disputes.


Anyhow, all this won't help much as "this" particular case takes place in >Malta< ... and at least one of the parties have to leave and will not be physically present.

I agree with matm911, from what I remember of my studies a verbal agreement is as binding as a written one, good luck proving though haha. Found this though..although not sure of how much use and if worth fighting for?

Civil code

Title IX
OF CONTRACTS OF LETTING AND HIRING
*
GENERAL PROVISION
Contract of letting
and hiring may be
made verbally or in
writing.
Substituted by:
X. 2009.2.

1525.(1) A contract of letting and hiring, whether of things or
of work and labour, may be made either verbally or in writing,
provided that a contract of letting and hiring of urban property and of a residence and of a commercial tenement entered into after the 1st January, 2010 shall be in writing.

http://www.justiceservices.gov.mt/Downl … temid=8580

Myrkur wrote:

I agree with matm911, from what I remember of my studies a verbal agreement is as binding as a written one, good luck proving though haha. Found this though..although not sure of how much use and if worth fighting for?

Civil code

Title IX
OF CONTRACTS OF LETTING AND HIRING
*
GENERAL PROVISION
Contract of letting
and hiring may be
made verbally or in
writing.
Substituted by:
X. 2009.2.

1525.(1) A contract of letting and hiring, whether of things or
of work and labour, may be made either verbally or in writing,
provided that a contract of letting and hiring of urban property and of a residence and of a commercial tenement entered into after the 1st January, 2010 shall be in writing.

http://www.justiceservices.gov.mt/Downl … temid=8580

the whole point Mykur  - is it wasnt issued in writing - am not even sure if it was ever intended to be written...as the landlord "left" the day it was meant to be signed....

yes I got it, that's why I am saying it may be useful, if the law actually says that the contract has to be in writing..I don't know if it's worth it talking to an actual lawyer or maybe trying to threaten them with the act at first

"a contract of letting and hiring of urban property and of a residence and of a commercial tenement entered into after the 1st January, 2010 shall be in writing"
That's VERY interesting, and not just in this case but in all cases where no tenants agreement is signed.I would definitely talk to a lawyer, but first send the agent a link to the law

its under 24 hours to my flight and no answer and no call,so i think i will move them to the "Lost" section

You can always hire a lawyer to work on the matter. You do not even need to come back to Malta.

You can also tell us who is the agency so we can avoid it in the future.

Could you name the estate agents ?

After going at the police a few hours ago, i managed to receive back like 40% of my money who fault is,my?agent?owner?i even don't know what to do i am like the agent said that the owner dosen't want to give me anything....