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TheLawLDN
TheLawLDN, Lawyer
Category: French Law
Satisfied Customers: 393
Experience:  Expert
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Thank you. I am a student currently studying in France. I

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hello Thank you. I am a student currently studying in France. I moved into an apartment in December 2021 and payed what ever initial payment I was told to pay when I moved in. About two months later. The company told me that there is an amount I am owing and they refused to give me a valid reason and so after going back and forth with them Someone finally told me that The amount I owe is the security deposit. But I found that very shocking because In my mind that payment was made as part of my initial payment. But then the company said that it was an error on their part to leave it out. Now they say its mandatory for me to pay but I was not the one that made the mistake, it was the company. Do I have to pay?
JA: The answer cost depends on the issue and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit. Has anything been filed or reported?
Customer: No please
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Customer: no please
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 12 days ago.
I can wait for an answer

Hello, I'm an adviser with JA and I will try to help you.

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Hello, can you please clarify if the tenancy agreement mentions a security deposit?

Also, do you have a receipt for the payment that you made before moving in?

Customer: replied 12 days ago.
I do, I need to go into My email, to confirm. I'll get back to you soon

Can you also please clarify if the tenancy agreement mentions a security deposit/deposit.

Hello?

Could you please provide the clarifications requested so that I can try to answer?

Thank you.

Hello.

I do not want to put pressure, but we aim to deal with questions as quickly as possible and I cannot leave a question open for too long.

I would appreciate it if you could provide the clarifications requested.

Customer: replied 11 days ago.
For the first question asked I'm not sure but I think it was stated. I made payment through a housing agency. And yes I have a receipt of payment before moving in.
Customer: replied 11 days ago.
I apologize for the delay

No worries.

If the deposit is stated in the contract, I am afraid that the landlord may claim it.

Normally the deposit must be paid before moving in and paying it is a condition for the tenant to be allowed to move in.

Even assuming that it was not paid, and the payment was not urged by mistake, the landlord may now claim it and the refusal could be a ground for termination.

That said, it's important that you check the payment you made before moving in to see if you paid it.

I don't think that the landlord claiming the deposit late could mean that they waived the right to get it, but, as I said, this service is not meant for legal advice and you should double check this with a local solicitor.

You should remember that the deposit cannot exceed two months of rent.

I hope this information is helpful and I wish you the best.

Please do not hesitate to contact JA again if you need help and you may ask to speak with me directly if you wish ("For TheLawLDN only").

I would appreciate it if you could provide a positive rating, if you wish so of course.

Thank you very much.

Regards.

Customer: replied 11 days ago.
Okay but then if the deposit is stated in the contract It doesn't make sense that I pay all that they asked me to pay and the come later to say that I owe. The company said it themselves that the error was from their end. So Why should I pay it if it was their mistake.
Customer: replied 11 days ago.
If they have the right to claim the deposit shouldn't they have made sure it wasn't left out. Because as the client I know that I have paid for the deposit.

If you have paid for the deposit, of course they cannot ask for such a payment again.

I asked if you had the receipt to check, but there is something you can do by yourself of course.

If you did not pay it, as I said, the fact that the landlord did not claim the payment till now I do not think may be interpreted as if the landlord gave up on being paid the deposit and they could pursue this.

Then, as I also said, this service is not meant for legal advice and I recommend that you don't just sit and wait for the events to happen but speak with a solicitor to get an assessment.

Regards.

Customer: replied 11 days ago.
Alright thank you very much

You are welcome.

TheLawLDN, Lawyer
Category: French Law
Satisfied Customers: 393
Experience: Expert
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