FrågaFORDRINGSRÄTT & EXEKUTIONSRÄTTFordringar27/02/2018

How do I claim my landlord to pay a debt?

Hi,

I have a problem with my old landlord who never paid me back my safety deposit. He doesn't answer my phone anymore. I have a contract with all the information and I have another contract which he signed that states the amount he owes me and when he will pay it. He never fulfilled that contract. What would one do in this situation?

Kind regards


Lawline svarar

Hej!

Tack för att du vänder dig till Lawline med din fråga!

The tenant is to take care of the apartment during the rental period and shall be able to compensate for any damage caused by his or her negligence (Chapter 12, Section 24 of jordabalken).

In cases where the landlord claims that the tenant caused damage, the Supreme Court has determined that the landlord has the burden of proof that the injury occurred after occupation of the apartment (NJA 1987 p. 668). The court argued that the burden of proof is most easily fulfilled by establishing an inspection protocol upon occupation that both landlords and tenants have approved. It is thus the landlord who has the burden of proof that the damage occurred after you moved into the apartment. If this can not be proven, you will get your deposit back.

The easiest way to recover the debt, is to contact Kronofogden and apply for payment orders (see section 2 of the order for payment and enforcement). In case you do this, the person will be informed by Kronofogden and have the opportunity to dispute the debt. Does he not dispute the debt, the debt will be settled and Kronofogden will start working on it. If the debt is disputed (for example on the grounds that the person has not borrowed or owe you any money), you will be informed accordingly and asked if you want to bring the matter to court. In the case of a written letter of debt, it is not very likely that the counterparty chooses to dispute the debt. However, if he dispute this debt, you should be able to easily meet the proof of claim that is in this dispute.

In the application for payment order, you should specify, for example, the amount of money involved and the reason for the claim (that the landlord owes you money). More information about payment orders, as well as the application form, can be found on Kronofogdens website, or contact them at 0711-73 73 00.

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