Critical warning for those paying rent: You could even face enforcement proceedings!

An important warning has come from the high court for tenants who pay their rent in cash. According to a recent precedent-setting decision by the Court of Cassation, proving rent paid in cash poses a serious problem. For this reason, property owners can easily initiate enforcement proceedings if payments cannot be documented. The decision is seen as a major turning point in resolving disputes over rent payments.

A dispute between a tenant and a landlord was brought before the 3rd Civil Chamber of the Court of Cassation. In the case in question, the tenant paid the rent in cash by hand at the landlord's request instead of via a bank account. However, the landlord initiated enforcement proceedings, claiming that the rent had not been received on the grounds that there was no receipt or bank statement. The tenant, on the other hand, argued that the payments had been made in cash.

The court of first instance ruled in favor of the tenant, determining that the tenant had made payments under the threat of enforcement. The court deemed it sufficient to verify the cash payments through witness testimony and ruled that the tenant was in the right.

THE COURT OF CASSATION HAS RULED

The High Court, however, specifically emphasized that under current laws, the responsibility for proving that the rent has been paid lies with the tenant. Furthermore, it was reminded that if the annual rent exceeds the limit for proof by promissory note, the tenant must provide definitive evidence. It was underscored that in cases where there is a written lease agreement, payments made cannot be proven solely by witness testimony.

For these reasons, the Court of Cassation overturned the decision of the court of first instance, finding it contrary to procedure and law. Thus, the necessity of a written document, receipt, or bank statement for cash rent payments to be legally protected has been reaffirmed once again.

For tenants, this decision has once again highlighted the importance of being careful with payment methods and documenting all payments officially.

WHICH DOCUMENTS ARE REQUIRED FOR RENT PAYMENTS?

Experts recommend using the banking system for rent payments. In cases of cash payments, it is stated that a receipt signed by the landlord must be obtained. This is because proving payments solely through witnesses is often not sufficient.

Therefore, it is of great importance for tenants to make their rent payments via bank or with a written document to avoid any future legal problems. Otherwise, the risk of facing enforcement proceedings due to claims of "unpaid rent" despite having made the payments remains.

News Source: 12punto