Rent deposit disputes

What should you do if you encounter problems?

If you are having problems with your landlord regarding the return of your deposit, you should contact the KU Leuven Housing Service immediately. The service will then attempt to mediate and help you, for example, by drafting a registered letter to the landlord in which you clearly state your position. From the moment that letter is sent, interest on the deposit begins to accrue and you can take further action. In the majority of cases, a solution will be found through mediation by the accommodation service.

If no solution comes out of it, the housing service will forward your file to LOKO. LOKO will then evaluate your case and, if deemed feasible, bring it to the peace court of Leuven. You do not have to pay anything for this, except if you lose the case. You also do not have to go to court yourself; the lawyer from LOKO will manage the file from then on and represent your interests.

Tips

• Paying the deposit in cash is no longer allowed! So make sure to pay via bank transfer, so you also have proof of payment.
• Always pay all due rent. Some students do not pay rent for the last (two) month(s) to compensate for the deposit or the inconveniences of a shabby room. This is highly discouraged. If your dispute needs to be resolved by the peace court, you run the risk of being partially found at fault and thus having to cover part of the court costs.
• Return the keys to the room on time. Holding your keys as a threat only backfires. You will then owe extra rent, and the judge will partially rule against you, meaning you will also have to bear part of the court costs here.
• Not every room works with an inventory description. But if your room does, make sure to get a detailed inventory description. On such a detailed inventory description, you can also indicate if, for example, things are broken, like a table or cabinet, so that your landlord cannot say at the end of the year that you did this.
• If you do not agree with the inventory of fixtures at the end of the tenancy, you are not obliged to sign it. Do not sign it if you disagree, as once you have signed, it will be difficult to dispute the inventory of fixtures.
• If you notice any serious negligence on the part of the landlord during the tenancy (such as a broken heating system, a faulty shower or electrical problems), you should report this to the landlord immediately by registered letter. Ideally, this will enable you to prove ‘loss of enjoyment’ at a later date and claim back part of your rent.
• Bear in mind that both the landlord and you may use ‘all legal means’ as evidence. This means, for example, that a statement from someone familiar with the room could also be decisive for the magistrate.
• If you happen to have any photos of the defects in the room before you moved in, and photos from
  when you left the room, these could also be useful. It is essential, however, that the photos are time-stamped
  with the exact time and date they were taken. It is best to include a physical object that proves the date, such as a newspaper showing the date, as otherwise it is too easy to forge.

Documents to be retained

To maximise the chances of a successful outcome of the mediation process handled by the KU Leuven Accommodation Service (or the legal proceedings through LOKO), you must keep the following documents:

• Your tenancy agreement, signed by you and the landlord, and the house rules (if applicable);
• Proof of posting for the registered letters. You will receive this proof at the post office counter when you post the letter. Attach this proof to a copy of the letter you have posted;
• The correspondence/email communication between the landlord and yourself;
• The written settlement that the landlord gives to you;
• All receipts of payments and key handovers;
• All other documents that you believe can prove that you are entitled to a refund of your deposit, such as a handwritten testimony from a roommate or person who knows your room.

Frequently asked questions

• Do I have to let LOKO handle my case?

No, of course not. We understand if you feel that it is taking too long for everything to be arranged. You can also take your own lawyer. Be sure to discuss the possible legal costs with your lawyer, so you are not caught by surprise.

• What if I want to transfer my case from LOKO to my own lawyer?

Just send an email to huwabo@loko.be, and we will send you your entire file, along with the current status.

• I would like to know the status of my case. Who should I contact?

Since we are the intermediary between the affected party and the lawyer, it is best to contact us at huwabo@loko.be. Because we cannot often meet with the lawyer, it may take some time before we can answer your question.

• I think this is all taking a very long time. Why is that?

Because our lawyer does these cases for free, we have the advantage of no escalating costs. However, this means he has to do it among all his other work. Therefore, we bundle the cases so that everything can run a bit more efficiently. This can mean that it may take several months before the case is actually started.

Unfortunately, it doesn't always go that fast afterwards. Not only is the judicial system painfully slow, but for the lawyer, it is also a juggling act to fit this in among their other work.

• Who is that lawyer you always talk about?

Master Johan Bruyninckx is a lawyer and specialist in Ecclesiastical Law. He has always had a warm heart for student life and has also been a volunteer for many years at LOKO and at his student circle Canonica. Even after his studies, he has remained involved in the workings of LOKO, and he now contributes by taking on the rental deposit cases for free. He even has his own Wikipedia page.

• How long does it take before I get my money back?

That depends a bit on how quickly we can complete the procedure (see below under procedure). Expect at least a procedure of at least a year. If the landlord still refuses to pay after the original procedure, the case can drag on for years. Fortunately, interest will accrue on the amount owed.

Procedure

What does the complete procedure of a rental deposit case look like? It can vary from case to case, but most cases follow the following timeline:

1. You have a dispute with your landlord over the settlement of the rental deposit
2. You take it to the housing service of KU Leuven
3. The housing service initiates a mediation attempt
4. Hopefully, you get lucky and the mediation attempt succeeds. Otherwise...
5. The housing service, at your request, forwards your file to LOKO (Note: only if the dispute involves an amount greater than at least 50 euros)
6. LOKO consolidates all submitted files twice per academic year and forwards them to their lawyer.
7. LOKO evaluates together with our lawyer whether the case is acceptable to win or not. Just because a case is accepted does not mean it will be won.
8. A legal procedure is initiated.
9. The landlords receive a summons.
10. The case comes before the peace judge, who makes a ruling. Most rulings are made in absentia. This means that the landlord does not even bother to show up. If the landlord could not be present due to force majeure, they can still file an objection.
11. If the case is ruled in your favor, the next steps are followed. If the case goes against you, you must pay the court costs, and the procedure is closed by us.
12. With the judgment in hand, we ask the landlord to refund the rental deposit.
13. Hopefully, you have luck, and the landlord refunds the deposit now. Otherwise...
14. The landlord files an appeal.
15. The case comes before the peace judge again.
16. Usually with the same outcome.
17. Hopefully, you have luck and the landlord refunds the deposit now. Otherwise...
18. We initiate a procedure with a bailiff.
19. The bailiff is contacted and visits the landlord to seize money or goods.
20. This may have to happen several times before it actually succeeds.
21. In the end, you will get your money back, unfortunately often after a long wait, with interest.

Fortunately, if your case is accepted by our in-house solicitor, you won’t have to worry about it once it’s with LOKO. After all, we’ll continue to handle your case as described in the procedure!