Establish what was agreed
Start with the signed lease, any extensions or amendments and the electronic tax declaration. Check the amount, payment date, duration, rent adjustments and allocation of charges. Identify the contracting parties and whether there is a guarantor.
The AADE lease declaration is a useful part of the file, but does not replace a full assessment of the terms and actual tenancy. Include any subsequent agreement reducing the rent or deferring payment.
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A clear account of arrears and payments
List each month's amount due, payments, dates and supporting records. For example, if the monthly rent is EUR 500 and EUR 200 was paid, show the EUR 300 balance for that month. Check whether a bank transfer relates to the current or an earlier period.
Communal charges, utility bills and damage claims need separate evidence and a contractual or legal basis. A deposit is not automatically the final month's rent or payment of every outstanding claim. Its purpose and any set-off depend on the agreement and circumstances.
- Monthly schedule of rent and balances
- Bank statements and receipts
- Evidence of communal and other charges
- Relevant messages, payment arrangements and deposit records
Different objectives need different remedies
Clarify whether you seek continuation with payment, a repayment arrangement, termination or recovery of possession. Collecting the debt and obtaining the tenant's departure are not the same remedy. Depending on the evidence and legal requirements, extrajudicial steps, court claims or the relevant possession procedure may be considered.
Where formal notice is required, its content, method of service and timing must be checked. An ordinary message will not necessarily satisfy the required procedure. Rent arrears and expiry of the agreed term are different legal grounds and should not be treated interchangeably.
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Lawful management while the matter is resolved
Do not attempt a private eviction by changing locks, removing belongings or disconnecting utilities as pressure. Recovery of possession requires a lawful route. Keep communications calm and documented to avoid creating further disputes.
If departure is agreed, record the handover date, keys, meter readings and property condition in writing. Identify which sums are settled and which claims remain. Before acknowledging full settlement or waiving claims, check both the wording and whether the agreement has actually been performed.
This article is for general information only and does not constitute tailored legal advice. Every matter should be assessed according to its specific facts and available documents.
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