I need advice : Update about the landlord drama

40 comments

1. Hello good people!

   For those who are not aware of the situation you can find the original case with updates here : https://www.reddit.com/r/Norway/comments/12pglhr/landlord_wantsto_take_the_wholedeposit_for

   Now, here is the text just received after we finished our conversation last night with me telling them that will have to fill a complaint via Husleietvistutvalget so that we finally have a professional mediation and set up for good who is wright and who is wrong. Asa quick reminder, we are entitled to the deposit money back (6500,-) plus interest from irregular deposit from the day we sent the money (1300,) make it a total of 7800,-. The floor issue is not really an issue as long as the deposit money is not back in our account anyways, but to add an argument in our favor as tenant, we are certain that the damage on the floor is from wear and tear due to normal use of the sink and unsuited material on the floor as the IKEA manual clearly says not to put this flooring in wet room especially not kitchen. We have been renting for two years and the damage is the result of that normal use in our honest opinion. They dispute that and want the whole.

   Now into the present, I am asking once more for your advice on the matter you can see in the picture. They want to do almost 50/50 as you can see, and they apparently talked to a lawyer. So did I and he is the one who adviced me to fill a complaint at Husleietvistutvalget, and then last resort Forliksrådet. I know I have all the proof need to win this illegal deposit case as they are 100% wrong there. I would like to know what you are thinking about this and if should take the offer and end this situation on that or push and have a chance to get the money back for good. My guts are telling me that they are scared because they finally write that they are wrong (apparently so do we according to them, curious to see what they mean by that or if it just intimidation). Also think that their little deal could be fair to avoid all the hassle if they give us the 1300,- interest they owe us plus the 50/50 of the deposit. I am a bit lost and need to discuss this with my partner tonight but any advice would be appreciated. What if we take the deal to secure at least 3500,- because we are scared they will keep the money forever but still fill a complaint ? Legally would we still be entitled to the money or saying yes to the half will be bad for us ? We know we are entitled to the whole.

   Most of you have been a really strong help and would like to thank you for all the ressources you gave me, it makes my partner and happy to see such a support. Andl hope that this case could help some futur tenant not to fall into traps like we did. Good day !

2. The ~1300kr is yours anyway. You WILL get it no matter what he says.

   «The 50-50» deal of him is just him trying to squezze *some* money out of this.

   This landlord of yours is also going to keep scamming people, be a hero to those and take your part.

3. I would not agree to anything before you hear back on your complaint. Annoying, but you can sit this one out. You could ask where you were wrong and what entitles him to get any part of the deposit at all instead of this cryptic shit. But honestly, I would not believe anything this person tells you.

4. They’re still trying to scam you. They don’t have a case. Don’t reply until you’ve heard back from the complaint

5. Don’t give them anything. They are being vague on purpose. They know they are in the wrong, that’s why their are offering to split it.

6. I’d decline, personally.

   IIRC you said you lived there for two years. With 8,8% interests that would have been 7,694kr now.

   This asshole can fix the damage for 30 minutes of his time at no cost. He’s just trying to squeeze whatever he can out of you.

   If you’re tired of this and doesn’t want to spend anymore energy on it, I understand, but he’s not in a winning position.

   A good deal for him would be to just give you 6500kr. Saves him paying the 8,8% interest and a hefty fine.

   It’s up to you, but he’s stealing 4694kr from you with this deal and saving himself from the fine.

7. I’d ask your landlord for the name and contact details of this lawyer who claims “both of you are wrong and right” because I don’t think that person exists or the case was misrepresented to them.

   If you get the details, you can decide if you want to contact them to ask why they think you should have to give up some of your deposit, and if your landlord does not want to give you that information, you can be pretty sure he/she is just making it up to try to squeeze something out of this.

8. Imagine a robber being like: “okay, i get it, stealing all your money would be unreasonable and illegal, so let’s just go with a 50/50 split instead, can’t get mad at that”

9. !remindme 8days

10. I had a friend go through the exact same thing, landlord didn’t use a proper deposit account and he also tried to scam him for issues that existed before my friend moved in. He used Husleietvistutvalget as well and they basically told the landlord to pound sand, he had to pay back the deposit and interest and all. My friend then used this to contact all the renters from the landlord just to let them know he was fucking with them too. The landlord was not happy, but fuck ’em.

    Basically, don’t do shit until you have heard from your own legal counsel and ask for contact info of theirs to verify their claims if needed.

11. “I talked to my lawyer, we should split 50/50, you are also wrong you see, trust me bro!”

    Do. Not. Agree. To. This.

12. [deleted]

13. I would have taken the deal, but it is not fair. The kitchen sink placement and the cheap flooring is a bad combination. But if you want to do what is right it and make a case of it, it would probably cost you some.

14. “My lawier suggests 6500 for us and 0 for you. This includes no repair on my behalf. Hope this seems like an ok solution for you too”

15. Ask them for the name/contact details of the lawyer they spoke with. 99% likely they didnt speak to anyone and just trying to atleast get half from you.

    If they DO give you a name/contact (make sure the person actually work where they say they do; call the office main number and ask to be connected or whatever) details and that lawyer actually did say what the landlord is saying well, then its settled i guess.

16. You talked to a professional lawyer, and he/she advised you to take it to the Husleietvistutvalget, my suggestion is to listen to the professionals. The fact they took the deposit money into their personal account makes anything else irrelevant.

17. He hasnt talked to anyone. No lawyer would suggest this, he broke the law by accepting your deposit being wierd to his account. His lawyer would have reasoned him to pay up in order to avoid a case being setup against him..

    This is pure bs from him.

18. Given the shitty placement of this sink and the fact that you have documentation (fdv?) that the floor is not supposed to be near water at all id say fuck them and get your money back

19. Good thing is that you now have it in writing how much he got in deposit.

20. I bet that if you don’t reply to this at all, and days go by without a response, he will send a follow-up message asking you if you agree with his proposal, to which he won’t receive a response either, and that will eventually lead to him starting shitting his pants and just agreeing to pay you back the deposit in full.

21. You’ve suggested a way to repair the situation already and he’s likely to do it anyway. This case is pure BS.

22. I saw your original post and to be honest, although most ppl here are 100% on your side, I’m a bit ambivalent. The damage is clearly caused by having water sitting on the floor for a long time without being taken care of (multiple times I suppose) which is neglegt on your side. On the other hand, it’s not very well designed with the sink so close to the edge and no further protection. I know I’d be pissed if I was you, and I know I’d be pissed if I was the landlord.

23. A bit late to the party, but consider becoming a member of “Leieboerforeningen”. It’s 400kr a year, and they can give general legal advise as well as have lawyers look through the specific case.
    They also work for tenants’ rights and write helpful articles for tenants’. Both their information and legal advise has helped me in seemingly bad situations.
    I also agree with 90% of the people here; there will be damage on apartments from using it, and landlords need to account for that. The 50/50 deal is made up from their ass and not from any Norwegian legal document.

24. If you pursue this, odds are in your favor. No guarantees but I’d not put 5kr against you getting the whole amount + interest back.

    However, you need to attend the mediation meeting and that means taking time off, travel – and it can be postponed at short notice. It dont matter how right you are if it costs more to get it. That is what the LL is hoping for – you agreeing to a split to avoid hassle and costs.

25. Dont give up!

26. BE A HERO!

27. Fuck sake. You are supposed to pay for any damages inflicted. Not just we want a high % of the deposit. Fishy as f

28. You need to be 100% clear and honest to your lawyer/rep fri LBL.

    You need to be ready for anyhthing in forliksrådet. Flowchart all the possible scenarios.
    They throw away procedure and guidelines to speed up the process, and ultimately their goal is to solve the matter, for both parties. The timing of your appointment might not be in your favor, as in you can reach LBL lawyer cause it’s after office hours.

    As I hate Norwegian landlords taking advantage of foreigners moving back home, so I have represented more then one of my employees in forliksrådet. And i have experience them disregard the clause about supplying all documents before the case comes up. Disregard blatant exploitation of the offended party, where the defending party have no proof of their claims.

    Also this damage falls well within reasonable wear and tear. I Don’t think they have any reasonable claim to the deposit. Gather the documentation from Ikea. Get a statement from a professional. And tell this cunt to go fuck himself

    Edit. He should also cover the fee charged by forliksrådet

29. He is 100% lying. There is absolutely no way a lawyer at Huseiernes Landsforbund would say any such thing. The only way anything remotely resembling this would come from them is if the conversation went like this:

    Lawyer: “Yeah, you’re fucked”

    Landlord: “Shit… How about I suggest we split the difference?”

    Lawyer: “I mean, whatever dude. But don’t call us when they decline.”

    At this point, you know what you’re entitled to, and chances are so does the landlord. You also don’t run much risk, if any, from taking it to tvisteutvalet. I’d simply reply that you need the full amount paid to your account by, say, 7 days (you need to provide a due date), or you will move forward with tvisteutvalet.

    The disadvantage of this, that the landlord will also be banking on, is that it will take time, possibly a long time, before your case is handled.

30. This proposal from huseleie people seems like a joke. If the «depost» is in his private bank account you can demand it back in full! Dont cut a deal! Demand everything back! And you can move without paying for the repairs..

31. Hello, landlord here (but I’m on your side)
    I’m sorry you got a greedy one.
    one thing you can add to the case is recommendation for any sink is X cm from wall or edge of counter top. If it’s ikea kitchen, check what their installation requirements are for sinks.
    I put together one a year or so ago I can’t remember the distance but it might be like 30 cm minimum distance from edge of counter top to avoid stuff like this. If I remember correctly the pic you had on the other pic was way closer than it should be.
    Good luck, and do not take the 50-50 deal. You shouldn’t have to pay anything.

32. I’ve seen this type of damage many times. This is how they build and have for years. Just shortcuts and cutting costs with low quality solutions unfit for purpose. I’m also a landlord and would not have bothered my tenants over this. Totally normal wear and tear of low quality shit.

33. Late to the party, do not give in, first of all, no layer will give the advice to split the bill before any bill is there unless they have a weak case, they try to hagle money out of you. The person advicing then said that the landlord could go for a gentalmans agrement and split without getting any bill, but the case here is that there is no case for them. As you have found out, it is the wrong material for the kitchen, therefore the floor ended up the way it did no mater what could have been done.

    Also, the funds he is withholding (aka the deposit) is not an deposit and he as a landlord know this or should kknow this. Even his assosiation that he get advice from warns about it ([here is the link](https://www.huseierne.no/hus-bolig/tema/utleie/sporsmal-og-svar-om-depositum/)). Let me parafrase a direct statment from them:

    >Det kan være fristende å sette depositumet for eksempel på samme
    konto som den du får inn husleien på. Men om du gjør dette, kan leier
    når som helst kreve pengene tilbakebetalt med forsinkelsesrente.

    Translated:

    ​

    So, state that the money must be in your bank acount by monday, if not, you will go to the police on tuesday morning and elevate this situation.

    ​

    And speaking about the floor, have you presented him with the evidence that the floor is not suited for kitchen use?

34. Hey, your landlord is trying to scam you, no lawyer in their sane minds would ask their clients to split 50/50, having deposit money in your personal account is against the law, your landlord had to make a specific despisers accounts.

    Don’t fall for the bait, send a complaint to husleietvistutvalget

35. One thing you should be aware of regarding forliksrådet, is that if you dont attend the “trial”, you lose by default. It might be that the landlord does not know that, but if you are moving from Norway, this could be an easy win for the landlord if he knows that.

36. As a tenant, it is your job to make sure nothing in the apartment you rent is damaged, or if it is damaged, either fix it yourself for money out of your own pocket, or have the landlord fix it themselves or hire someone to fix it, and they will take money out from the deposit money for this exact kind of purpose.

    If you saw that the water was splashing all around and onto the floor, you had the options of ignoring it and letting the damage grow and be responsible for the damage, or report the issue to the landlord so that they could fix the sink so it wouldn’t continue damaging the floor, you chose the former, and that is not the landlord’s fault.

    As for the money, regardless of how much money it would cost to fix the damaged floor, what interest that the deposit collected over the time of your renting period, that is all yours, but the rest is completely up for grabs for the landlord for as much money as it would take to fix the damaged floor, that is what the deposit is for, an insurance for the landlord that, no matter the tenant’s personal finances at the time of a potential damage that needs fixing, the landlord will have money they can use for fixing the damage that the tenant created.

    Now, as for the legalities, the landlord is decidedly in the wrong for having put the deposit in their personal bank account, that is money that should have been put into a separate locked account specifically meant for deposit money, and if I’m not mistaken, the landlord would have to provide the bank proof – like a receipt or an estimate of required work – of work done to the tenant’s apartment to fix the damage before the landlord could withdraw the money.

    That is why they are wrong, but the reason you are wrong is that you are claiming the damage is not your fault, that is wrong because it was your responsibility to report the faulty sink to the landlord. Now, if you had reported the faulty sink to the landlord, and the landlord had then decided to just ignore it when you reported it to them, that is a different thing altogether, you would have done your job of reporting the issue to the landlord, and thus, you would have moved any responsibility for the potential damages onto the landlord.

    Unless you are getting free lawyer help, I wouldn’t do much more than accept the deal they gave you, or potentially taking them to court for having put the deposit money in their personal account, but as far as I know – which isn’t the best source – those types of cases aren’t taken too seriously.

37. I have a couple of issues here;
    – The offer does not address the issue of the deposit not being handled correctly. That amount (1300kr) should be added to the 3500kr being offered.
    – In the event of damage to the property on moving out, the landlord can only take an amount from the deposit equal to the amount they needed to fix the property. You said that the landlord was going to do this job themselves with material they had available to hand? A couple hours of unskilled labour (no materials cost) is not 3000kr.

    Dont accept it. Take the motherfucker to the cleaners.

38. Not even 50/50 lol, what’s wrong with 3250?

39. Is 6.5k or 3k worth all the time and energy you are putting into it? Following up on Reddit and whatnot?

    I would just settle on what they proposed. Maybe try to push for slightly different figures and move on with my life.

40. Yeah, I was the one who advised you to maybe take what you can and dip, but this is actually insulting. I would fight this for sure.