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Rental's rights

Posted by VirtualVoyager68-179852 - Created: 14 years ago
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7 replies (Showing replies: 1 to 7)

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Posted by Icarus-184675 - 14 years ago

Things might not be as bad as you think. I was in the opposite position expecting to have to get lots of lawyers to get the money back for damage my neighbours caused to my flat. Anyway I signed the 'Constat Amiable' and discovered that it came under the 'Convention Cidre' which meant that the person who suffers the loss pays for it and is reimbursed. My first reaction was not to be to happy about this, but once the work was done the insurance compant paid up no fuss and I didn't have to deal with lawyers, loss adjusters or even my neighbours again (they did require a 'facture' however ) which seems like a better sytem to me.

This convention is for losses under 1600 Euros 

See  http://perso.club-internet.fr/gefriche/cc/cidre.html  and

http://www.mon-immeuble.com/dossierdegatdeseaux.htm

you could check with your insurer whether they operate this scheme, though I suppose they won't commit themselves to much until after the 'constat' is signed. Seems like the French way of doing things is generally to agree beforehand rather than involve lawyers, which is pretty scary because you seem to loose control what's going on, on the other hand unless the damages are large getting a lawyer could end up being more expensive than an insurance claim which might be settled easily anyway. Not an easy decision to make. 

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Posted by Brightstar-189376 - 14 years ago

Check your tenancy agreement.  Generally, it is the responsibility of the locateur (tenant) and not the bailleur (landlord) for any damage caused to the property.  I learnt this through problems other people have had,and now have insurance to cover me for any damage caused.  EG if someone broke in and damaged shutters, furniture, stole my possessions etc, I am covered.  It's not really any different to in the UK, but do check the rental agreement.  Good luck!

 

 

 

Brightstar x

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Posted by Alban-188664 - 14 years ago

DON'T SIGN ANYTHING !

Call your own insurance, and have them write this problem was known before you got in.

French having had the exact same problem .

Alban

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Posted by VirtualVoyager68-179852 - 14 years ago

Thanks for all the feedback so far. The neighbor is pushing for signing the "incident" document however I am not very keen on doing that due to the circumstances.

1. The issue has occured before (3 years or so previously, before we moved in)

2. The neighbour waited 3 months before contacting us about it?

3. Our real estate agent is a "horror" so there will be no help from that area.

4. If I sign the paper (incident report) and claim responsibility I assume I will have to pay even if the insurance agency says "no" to the claim?

5. I would like a report from the "plumber" before I sign any claim at all with a full report of all damages and reparations needed to be done, and will be done as a part of this claim.

6. The insurance agency says that they cannot really advice (way to go) with regards to the rights and responsibilities of the tennant/owner as that is more the department of the rental agreement.

I find the entire process issue a bit fuzzy as - in my home country - this claim would be dropped by the insurance company (repairs on neighbors apartment) since they waited 3-4 months with contacting us and therefore increasing the damage.

Any more hints would be welcome - and if someone can advice me on a good and honest lawyer (english speaking; if there ever is such a thing as a honest lawyer lol). We will need the lawyer when we move out anyway as we know from this and previous experiences that the agency/owner will always try to "steal" your deposit in this area.

Sincerely

 

Henry and Isabel

"Moving to Spain soon"

 

 

 

 

 

The Short Viking
VirtualVoyager68

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Posted by stgeorge-182529 - 14 years ago

If you are officially renting your apartment on a 3 year Bail de loyer, you should automatically have subscribed to a third party Insurance which covers this type of damage to people living underneath you ! Their own Insurance should also pay for the water damage to their own apartment , reclaimable from your Insurance Company.

On the other hand , if the Owner of your property knew there was a leak before you moved in , and did nothing about it , then it is down to his insurance to fix it !( Or himself if he didn't want to claim ) . The downstairs neighbour can verify this ?

However ,be careful that someone isn't trying to get a free decoration job out of you !! If you let ALL parties know , by Registered letter , that you intend to contact your Insurance Company to constat the damage , you'll get some action.

stgeorge

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Posted by Janne-181880 - 14 years ago

Hi VV!  Still with us?  Love to Lady VV...

I've had similar problems and perhaps the best is to turn it over to your insurance company, as if you are not responsible, they will not only tell you but give you the legal principles to quote to affirm it.

Most insurances now have a legal advisor who helps in writing correspondence even, when necessary.  Call your insurer and find out.  It could save you a lot of 'bad blood' as the French say.

 

Janne

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Posted by Doolittle-189214 - 14 years ago

Hi VirtualVoyager68

I sully sympathise with you, I'm having similar problems.  I'll try to find out what your rights are here, but bear in mind that the estate agents have all that 'caution' you gave them, and the more you battle against them, the less likely you are to get your money back.  A leak in a bathroom is likely to be a very simple problem that you can fix yourself for next to nothing.  If I were you I'd try to fix it myself then use it to gain some goodwill from those lovely estate agents.  One day you'll leave and (hopefully) get the 'caution' back, then you can really tell them what you think of them :-)