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Agnė and Laura, readers of the tv3.lt portal, said that they live in apartments that their owners rent illegally, therefore, in case of disagreements, they have no way to complain.
Here, Agnė has rented an apartment for almost 5 years and is currently deciding to move. The girl complains that the hostess does not want to return the deposit of 290 euros paid 5 years ago.
“At that time, I was looking for an apartment for rent for a long time, so I did not hesitate to find the right one. I immediately accepted the rental price, the deposit and the fee to the broker. Now I have discovered that it was not me who had to pay that tax, but the owner of the apartment. However, this was a condition, if the apartment is suitable for me, I have to pay a brokerage fee. So I paid, “Agnė said.
According to her, a contract was also signed, but it had no legal force.
“A year and a half after signing the contract, the owner of the apartment announced that he was raising the price. According to her, the market price of real estate (ER) is changing, so it is also increasing.
Even later, when the washing machine broke down, I had to help repair it. According to the hostess, I live in that apartment, so I have to contribute to the repair of broken devices. But now that I want to move out, she doesn’t want to return the deposit I paid.
Because we disagree when I got rid of 5 years ago. I really remember that on the first day of the month, and it claims to be the twentieth day. Therefore, if I move in 1 day instead of 20 days, according to her, the deposit will cover my rent for 10 days, ”Agnė explained the situation.
According to the girl, she cannot prove the truth.
“I paid the rent and utilities all the time in cash. I knew the apartment was rented illegally. The hostess was very afraid that no one would find out. So I asked if someone was looking for the owner of an apartment to tell him that he was just visiting and call her immediately.
Back then when I settled in, I really didn’t think the importance of a legal contract was important. But now, when I have to face a lot of problems, I regret that I saw the contract through my fingers then, ”said the girl.
Laura, another reader of the tv3.lt portal, also said that without a contract she rents a room with two more tenants in a 3-bedroom apartment.
“The hostess is definitely asking to pay in cash, I am currently living elsewhere during the quarantine. Therefore, I was unable to meet with her and transfer the money, so she only agreed to transfer the money via bank transfer after long persuasions And he urged not to indicate in the purpose of the payment that the money is for rent.
Also, when the first quarantine began, we asked him to lower the rent, so he agreed to lower it for only 2 months for 20 euros. Also, if something breaks in the apartment, we have to pay out of pocket ”, the girl resented.
According to her, a normal legal contract would give tenants more rights.
Warn of scammers
Real estate brokerage Evaldas Matlauskas stated that when looking for an apartment for rent, the most important thing is to choose to inspect it live.
“So if the apartment is really suitable, you need to find out if it is actually rented by the owner of the apartment. Now there are more cases of fraud, when the tenant places an ad, takes a deposit and rent from prospective tenants and promises to hand over the keys to the apartment in a week. Then one week they evacuate from that apartment and people who want to rent an apartment run out of money. That is why it is very important to know from which you are renting the apartment ”, advises the broker.
He also points out that tenants often forget when they take over an apartment to take photos of what that apartment looked like before moving in.
“It happens that later, when the tenants want to move out of the apartment, the owners ask to pay for the damaged items. Although these were already damaged even before the tenants moved in. Sometimes landlords don’t do it out of ill will, they just don’t notice damaged furniture or other things beforehand, and tenants don’t even think about taking pictures of the apartment before settling down. However, it is necessary to do so to avoid misunderstandings later on.
It is also important to find out how the tenants and the landlord understand the orderly legacy of the apartment after eviction. For some it is littering after unloading, for others it is cleaning windows, washing curtains and other things. Therefore, it is also necessary to discuss this, because the owner can say that he left the apartment in order and the owner will say otherwise, ”said E. Matlauskas.
When asked who has to pay for the repair of the apartment and appliances, the broker said that it is also better to specify in the contract.
“However, it is accepted that the appliances are repaired by the apartment owners. After all, when paying the rent, the tenant pays the depreciation of both the apartment and the appliances. However, if the tenant puts a brick in the washing machine and inspects it, it is clear that he will pay for the breakdowns himself. But if the foreman inspects the washing machine and says that it needs to be repaired because it is old and worn, the owner of the apartment must pay for it. Therefore, it is necessary to look for the cause of the fault ”, said the runner.
In addition, he points out that at first, the tenant and the landlord do not agree on how the rent will be paid.
“Landlords often want to come pick up rent money and utility bills in cash. And the tenants want to pay by bank transfer. When I tell prospective tenants that the landlord will want to come in every month to collect the rent and inspect the apartment, they often turn down that apartment because they want privacy.
However, I notice that the apartments that the owner visits every month are neater and more cared for. Also, renting an apartment is a business, and the business should be supervised and should not be left to its own devices. If its owner does not take care of it, it may be necessary to repair that apartment frequently, ”said E. Matlauskas.
The number of registered leases is increasing
Mindaugas Samkus, spokesman for the Registry Center, warned that last year about 12 thousand people were registered. legal facts about the leases entered into.
“It just came to our attention then. This increase is due to the state aid program launched in the spring of last year to offset part of the rent from companies affected by the pandemic.
In addition to the above reason, another argument for which it would be worth registering the lease contract is that only the registered contract can be used against third parties, for example, one of the parties to the contract defends its rights in court ”, commented the specialist.
According to him, the lease of a house is often defined solely by verbal agreement.
“However, to avoid unpleasant and costly misunderstandings, both the tenant and the owner can sign a lease. Well, and in order to guarantee the full protection of your rights and interests, the fact of the lease must be registered in a public registry. Only then will it be made public and the contract itself can be used against third parties.
The publicly available information about the concluded lease protects both the tenant and the owner from possible dishonesty by the other party to the contract, clearly defines the rights and obligations of the parties to the contract, and guarantees compliance with the terms of the contract. In addition, a greater number of housing leases also contributes to the transparency of the entire real estate market, ”explained M. Samkus.
According to him, any of the parties to the contract can require the registration of a housing lease, both the owner and the tenant.
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