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Need to get back my upfront payment from landlord

Last activity 20 October 2017 by Nellie Berg

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sona93

Dear all,

I have a problem with my ex landlord because he delays paying me back the upfront rent after I left his place on day 1.

Briefly this is what happened.

I applied online in a website for a room in CPH with a short description of myself. The person who later on became my landlord liked my application and we had a video call on skype where he showed me the apartment and the rooms I could rent out. I lived in Germany back then. This person wanted to rent out the place immediately so he wouldnt wait for me to come and see the place physically. So I agreed to rent the room just after having several skype calls with him. He asked me to pay 3 months in advance all-included rent, which was higher than we initially agreed (45000 dkk) monthly without a deposit. But I agreed and paid the 3-months rent through the bank. I at least convinced him to make a contract (scanned pdf) that we both signed electronically. 
When I arrived I was very disappointed to find another room he wanted me to take that was not furnished and was very tiny. Ok, i am not the person who is looking for luxury, so I didnt complain much. Then I notified him that I will register myself at the municipality and he didnt complain. But next when I already did change my address and informed him that I registered at his address he started to complain that he would lose the social benefits from the government equal to 700 dkk (for the children that actually didnt live with him) because this would reveal that he had additional income. Then he nervously said I must reimburse this amount or leave the place and he would find someone else in 2-3 days. Although I had no place to go, I agreed to leave because I didnt know what to expect next from that person. This was actually the 1st day of the contract agreement, which was 3 months in advance claim. I said I agree to leave if he reimburses me the amount in 2-3 days when he finds another tenant. 

Now its more than 2 weeks and he hasnt paid the money yet.

From time to time in this period I sent him emails to find out how was he doing, whether or not he found a new tenant and when he would pay me back. His responds were negative and full of complains , saying that he couldnt rent out the room because he didnt like anyone.

Las time I emailed him to ask whether or not he has received a mail with my name. He responded that he received my yellow health insurance card and sent it back to get me out from his address because he didnt want to receive mails back and forth with my name although it was just one mail during all this time. But that means that he actually opened my provate mail without my permission, then saw that this is my insurance card, which is an important document, and then sent it back! I dont even know where he sent it to. I dont even know if he has de-registered me from my the address and when he will pay me back as he doesnt respond to my emails anymore.

He is in general an emotionally unstable person, so I am not sure how to act now and what  I can do. But basically I have the following questions now:

1. Is there a way to check if I am still registered at his address? Because if not, I will need to find a very fast way of registering a new address.
2.  Shall I go to the police and ask them to solve the case? Or are there any other insititutes that help residents solve rental disputes?
3. Is the law on my side in this case? And whether or not a 3 moths contract (scanned pdf version) with the oblligation to pay 3 months in advance and a termination notice of 3 months is sufficient to prove that the landlord needs to pay me back?

I apologise for the long post. But I guess this is how I released my frustration, too.


Thank you very much for your help in advance,

Sona

Nellie Berg

If you have registered yourself at this address, you will be registered there until you register at another place.

Go to Borgerservice and ask for their help to unregister. You should also ask them if they will inform the social department about his renting out, or if you shall do it yourself.
https://www.borger.dk/oekonomi-skat-su/ … ser-anmeld
You can also inform Skat regarding the taxation.
Or you can use this as a threat to the landlord if he doesn't pay you back.

I am a little concerned about your chances for getting your money back as we talk about prepaid rent and not a deposit. I think thats why the landlord acted as he did. You'll only have the right to get your rent back if the landlord has been able to rent the department out again before the three months have gone. And who is going to check him? It will be more than difficult as he'll inform a new tenant not to register at the address.

Do you have the courage to move in again? As long as you don't have got your money back, you have the right to be there.  At least you could pretend you would move in again. You could start asking the different advisors below if that was a solution.

You could also try the police, but in general, the police will tell you that they are busy and do nothing about it. But if you don't try, you won't find out.

The tabloid paper Ekstrabladet has helped many people getting their right if you can get them interested in writing about dishonest landlords. Have you tried to google him, see if others have written about him?

But here is a list of serious advisors. Maybe, some of them can give you a good advice.

http://www.lejerens-fr.dk/
Competent law students give free advice about rental problems.

http://www.retshjaelpen.dk/front-page
Free legal aid

https://www.danskelejere.dk/to-be-a-tenant-in-denmark/
An association which also can help you, but it cost some money. However, the first advice is free

https://www.frelsenshaer.dk/hvad-laver- … radgivning
The Salvation Army also offers free legal aid.

http://www.kfumsoc.dk/projekter/raad-til-ret/
Free advice

http://llo.dk/Om-LLO/Afdelinger/Hovedstaden.aspx
The tenants' association. It cost some money to become a member.

I do hope you will get your money back.

/Nellie

sona93

Hello Nellie,

thank you so much for the quick reply and the pieces of advises!

I will follow them and send him an email with the following content:

1. I will go to the municipality and disclose the fact that this person rented out the place to me. Then I will contact social services and SKAT and do the same there to make sure they are aware of this  and deduct his social benefits and increase his income taxes for the period I have paid the rent.

2. If he continues claiming that he didn't find anyone to rent out the place and therefore cannot pay the rent back I will simply move back and live with him again. (This way I will also find out if he really rented out illegally to another person. If he doesn't let me in, then I will go to the Police and report on him. I have the courage. What I don't have is the money to rent out something else again).

I will keep you posted on further developments.

Many many thanks again!

Kind regards,

Sona

Nellie Berg

Good.

He is a fraudster and is to be treated like this. If he had let you pay a deposit, he knew he had to repay it. In stead he has let you pay 3 months in advance and this money would be his anyway as you had 3 months' notice.

How did you find him? On Facebook? Cannot you warn others via Facebook? If you google him, does his name turn up in similar cases?

Is he allowed to rent out a room at all? Some housing associations have rules for such things.

If it won't be nice for you to move in, you could also just come and check the room every day and hope another one had moved in.

Too late in your case:
http://housingfoundation.ku.dk/finding_ … t-scammed/

/Nellie

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