What to do? And Is it safe/Legal to do this?

[Samer2010]

Hi Forum,

I am currently renting an apartment which I paid its deposit in the bank under an agreement called "Vuokravakuustili" which ONLY has the apartment's owner name on it and my name too.

I now want to move to another apartment, and I have two questions:

1) I contacted the current owner and informed him about my leaving date and that I am not breaching our leasing agreement, and that I will pay: rent, water, and electricity till the end, and I asked him, How can I get my money back in the "Vuokravakuustili"? He said, I have to contact the housing agency... Why he said so? No one from the housing agency name is written on the contract, how come they control my money?

2) I found another apartment which I signed its contract, and now the housing agent (Another company) is telling me that I have to pay the deposit directly to the apartment's owner's bank account. Is this a safe thing to do? Can the owner use/spend the deposit money and never returns it when I leave the apartment?

What do you think?

[Rip]

He said, I have to contact the housing agency... Why he said so? No one from the housing agency name is written on the contract, how come they control my money?

I don't quite understand myself, but then as long as you get your money in reasonable time (enough time the owner to check the apartment is decent condition) I would not worry too much. Are you sure the account did not belong to the agency, even if it was not mentioned in the contract?

2) I found another apartment which I signed its contract, and now the housing agent (Another company) is telling me that I have to pay the deposit directly to the apartment's owner's bank account. Is this a safe thing to do? Can the owner use/spend the deposit money and never returns it when I leave the apartment?

You'd have clearer paperwork if you had a separate vuorkavakuustili, but the fact is that even with those the owner could still take the money without any input from your side. That is the guarantee offered to the owner: at least he can get that money if the tenant turns out trash the place and/or does not pay his rent and takes a couple of months before he can get a court bailiff to kick him out in a proper legal order, and in the end has no money pay damages. This is usually considered to be acceptable for the tenant as the owner is very unlikely to turn out to be insolvent himself (he owns the flat after all), so even if you'd need in some case go through the courts for it, in the end you should get back what is justly yours.

You could say you'd prefer a official vuokravakuustili, but if the you're happy with the place otherwise (and think somebody else will take the flat if you don't) then I would accept.

(annual interest given for such account is currently some where between zero and few cents, so form that point of view it is irrelevant in any practical sense in whose name it is)

As general tip, take photographs (with digital cameras there should not be no problem in taking plenty) of the flat before you move in - especially any places showing per-existing damages.)