Suing someone over unpaid rent

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Suitengu
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Suing someone over unpaid rent

Post by Suitengu » Mon Sep 03, 2012 3:04 pm

Long story short, I have been away from Finland for half a year and will be coming back around Christmas. My apartment was sub-let to an American student, who studies full time at one of the AMKs in Helsinki. We have signed a proper written contract for a period of 6 months. Unfortunately, the person was massively overdue with the rent most of the time, and simply ran off after the contract has ended without paying the last month's rent. The keys were left in the apartment, so I had to pay an extra 30eur to get a new pair made. During that time I also got several letters from a collecting agency that I was not made aware of. I ended up owing a months rent+fees, that I eventually had to cover from my pocket.

It has now been over 2 months since I was supposed to get the rent. That person is fully aware of the situation and has read all of my messages, but chose to completely ignore me. My phone calls are always dropped. My only solution now is to sue them, which should not be too difficult, given the written contract. A friend of mine can fill all the necessary forms for me, given a written permission from my side. Unfortunately, I cannot do it online through oikeus for verification reasons.

The problem, however, lies in the fact that I don't have the person's current address for the forms. Funnily enough, Maistraatti doesn't have that person in the database, despite the rules stating that foreign nationals looking to reside in Finland for 1 year or longer should register. I contacted the AMK, but they cannot give me the information without a request from the police. I cannot go to the police until I'm back. It really is rather frustrating.

Has anyone been in a similar situation before? What are my options?

Thanks :)

Cliffs:
* Foreign student ran off without paying rent, is now ignoring me
* I'm away until Xmas and cannot take care of it personally
* I need the person's address to sue them, Maistraatti doesn't have it



Suing someone over unpaid rent

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raamv
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Re: Suing someone over unpaid rent

Post by raamv » Tue Sep 04, 2012 1:09 am

If U have thier social security number, you can take a chance and send it to the "old" address to see if the post office forwards it to the new one (IF that person has forwarded their address)
If not, you need to know where that person is and get a court appointed person to "Serve" notice in person to sue them.
and in order to get the court notice, you need to be in person to the court.
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Flossy1978
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Re: Suing someone over unpaid rent

Post by Flossy1978 » Tue Sep 04, 2012 9:59 am

Maybe the person isn't in Finland anymore? That's why there's no current address.

I'd just suck it up. If you need to get a lawyer, it'll end up costing you even more and you can't be garranteed to get the money you spent on the lawyer out of the person either, when they lose in court.

mccovey
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Re: Suing someone over unpaid rent

Post by mccovey » Tue Sep 04, 2012 10:49 am

you can't be garranteed to get the money you spent on the lawyer out of the person either, when they lose in court.
Hmm - I think I read that someplace else on this forum :)

Flossy1978
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Re: Suing someone over unpaid rent

Post by Flossy1978 » Tue Sep 04, 2012 10:56 am

Huh?

Suitengu
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Re: Suing someone over unpaid rent

Post by Suitengu » Tue Sep 04, 2012 12:01 pm

That person is still studying in Helsinki full time. I know that for a fact. I also know where and what they study, I've been in touch with the AMK and they confirmed it. I'm definitely not sucking it up, as it's a matter of principle. The way this person handled the situation is unacceptable and I will also meet them for a talk when I'm back. Until then, however, I'm going to do all it takes to get reimbursed, including all fees and legal expenses. :)

I'm wondering if I could give the AMKs address in court, so that the notice could be handed in person? Right now it seems that if the criminal's address is not listed anywhere, it's close to impossible to sue them.

Flossy1978
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Re: Suing someone over unpaid rent

Post by Flossy1978 » Tue Sep 04, 2012 12:09 pm

Even if you can sue them, I think it will take a long time. By that time the person could have left.

Don't you have a deposit they made when they first took the flat? Doesn't that cover the rent they are in arrears for?

Upphew
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Re: Suing someone over unpaid rent

Post by Upphew » Tue Sep 04, 2012 12:14 pm

Suitengu wrote:That person is still studying in Helsinki full time. I know that for a fact. I also know where and what they study, I've been in touch with the AMK and they confirmed it. I'm definitely not sucking it up, as it's a matter of principle. The way this person handled the situation is unacceptable and I will also meet them for a talk when I'm back. Until then, however, I'm going to do all it takes to get reimbursed, including all fees and legal expenses. :)

I'm wondering if I could give the AMKs address in court, so that the notice could be handed in person? Right now it seems that if the criminal's address is not listed anywhere, it's close to impossible to sue them.
Snitch him/her to the police.
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Police will either fine him/her, or the address will be added to the computer. And renewing the RP without address... hmm...

edit. you can report the crime online too, if you have net banking: https://www.poliisi.fi/poliisi/home.nsf ... endocument
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Suitengu
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Re: Suing someone over unpaid rent

Post by Suitengu » Tue Sep 04, 2012 12:37 pm

I was not allowed to charge a deposit based on my own rent agreement.

Unfortunately, I cannot pass the Vetuma verification as of now. I'd have to come back to sort it out.

Seems like my only option is to go to the police in person when I'm back, or spend as much money on travel as I'm owed.

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Pursuivant
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Re: Suing someone over unpaid rent

Post by Pursuivant » Tue Sep 04, 2012 3:31 pm

Well, Helsinki *is* a "small town" - one yank in an AMK isn't hard to locate where he lives at...
"By the pricking of my thumbs,
Something wicked this way comes."

Upphew
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Re: Suing someone over unpaid rent

Post by Upphew » Tue Sep 04, 2012 4:14 pm

Pursuivant wrote:Well, Helsinki *is* a "small town" - one yank in an AMK isn't hard to locate where he lives at...
I thought the same: Wanted poster with few tenners as bounty... checking for the tips might be problematic though.
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raamv
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Re: Suing someone over unpaid rent

Post by raamv » Tue Sep 04, 2012 4:25 pm

But Dealing with the paperwork IN Suomen-laki-kieli will be a nightmare ( I dealt with this and won a settlement )!! and expensive...
Once you get the address, you need to to the correct karajanoikeus, fill the correct paperwork in the correct order ( paying a Lawyer will cost more than your recovery costs)
I guess, that you might be better off to go to a Kulutajavirasto ( Consumer ombudsman) for this Unless you have Home insurance which will cover some of our expenses ( Upto a certain amount) for the lawyers.
Call this person/email and tell them:
1) You are going to file a police complaint => If he has not transferred the address, you can send the mail to your address which will then be forwarded to the right address if he has done a mail forward in the post office. If he has not done a mail transfer, he might violate the "terms" of correct registered address for his Study visa as someone else pointed out.
2) Take him to kulutajavirasto and if not settled,
3) Serve papers from the court
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Suitengu
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Re: Suing someone over unpaid rent

Post by Suitengu » Tue Sep 04, 2012 5:47 pm

Thanks for the tips, raamv and everyone else!

I've already messaged the person several times, saying that I'm taking this to court. Messages have all been read, but never replied to. I don't think another one would do anything.

The current tenant tells me there are still letters coming in for that person, it means the address has not been updated despite the fact that they moved out over 2 months ago.

I believe I also need to visit Kuluttajavirasto in person to get anything done.

Quite messy this. You'd think that with a written agreement it should be easy to get the money back.

mccovey
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Re: Suing someone over unpaid rent

Post by mccovey » Tue Sep 04, 2012 7:47 pm

Curious: why would the Kuluttajavirasto have anything to do with this? KV is for complaints of consumers against companies and tradesmen AFAIK - it should have nothing to do with rental agreements between private persons - ?


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