I rented a studio in Westende knowledge for a month. In this location, the latter inadvertently damaged the locking mechanism of the pull-out bed. The deposit was deposited € 125 and the value of the pull-out bed that can not be repaired is 1,000 euros. Liability insurance that knowledge refuses to intervene in this type of damage in a rental saissonière.
Why and what do I use to retrieve the value of this bed? Blockquote>
under Article 1732 of the Civil Code, "tenant liable for any losses and damages that occur during his tenure, unless it proves that it took place without his fault." This means when the tenant's obligation to indemnify the owner for damages resulting rental lease agreement itself, and the legal provisions of the Civil Code which govern the contractual relationship between the tenant and the landlord.
So we're here in the context of contractual liability, as opposed to extra-contractual liability common law - also known as tort liability - under Article 1382 of the Civil Code. It follows from two immediate consequences of this qualification contractual liability of the tenant:
1) Liability Insurance (RC family or other) the tenant will normally not intervene in the coverage of damage, since the insurance intervenes to repair the damage caused by the insured to third parties (not co-contractors), based on the extra-contractual liability under Article 1382 of the Civil Code, to allow better grasp this distinction, here are some examples:
a) The son of an insured person (also covered by insurance RC family of his parents) is in a classmate and he breaks his glasses involuntarily. The liability insurance intervene because the obligation to compensate the friend - or his parents - derives from the common law tort of Article 1382 CC (fault, damage, causation), and not a contract .
b) By cons, when there is a contract (lease, sale ....) between the person who caused the damage and that which must be compensated and that the obligation to repair is provided in the contract itself (or in the provisions of the Civil Code govern this contract), the legal basis for compensation is so different, as provided in the contract between the parties. Contractual liability is also usually excluded from the coverage of the liability insurance policy in the terms of the insurance contract.
2) This responsibility - and therefore the obligation to compensate the tenant - under the lease (whether written or oral), the Justice of the Peace of the location of the building, which will have exclusive jurisdiction to entertain any legal claim brought by the owner. In the event that the amount of the security deposit - or the "Guarantor" - made at the beginning of the lease by the tenant is not sufficient to cover the amount of damage (rental) caused in the leased premises, the landlord will try course to obtain, first, full compensation through the court.
If the tenant refuses to pay compensation beyond the amount of the security deposit made, the landlord may bring proceedings before the Justice of the Peace jurisdiction to convict the tenant to pay the balance of the rental damage.
In the context of such a procedure, it is essential for the owner to be able to prove the nature, extent, and accountability (to tenant) the tenant damage which he seeks compensation. To this end, the owner must be careful to always carry an inventory entry - necessarily contradictory (ie signed by the tenant) - without which "... the tenant is presumed to have received the rented at the same state in which it is located at the end of the lease, unless proven otherwise. "(Article 1731 of the Civil Code). It will of course also be achieving a state of fixtures in which all rental damage will be recognized and possibly encrypted.
It is based on the state of output - in parallel with the input state - the owner can prove to the judge the nature, importance and especially the identity of the person responsible for the damage rental (since these will damage was caused in places between the inventory input and output).
Once the fault, and accountability established, the owner must still prove the amount of damage it wants. To do this, it will be: - to quantify directly the expert who carried out the state of output, the cost of repair or replacement of damaged items - get a quote or any other document to determine the value of rehabilitation or replacement. It is possible that the judge did not grant the owner the replacement value, but reduced to take account of obsolescence or depreciation of the object - or coatings or coatings - replace.