The owner monitored the apartment for rent."I thought you knew about cameras"
As part of the "Na Rental" series, together with Oliwia Bosomtwe, we have been writing about matters related to apartments for two years, with which many young people (and not only) people are struggling at some stage of life.During this time, we showed a dozen or so stories of people trying to find a place on the modern real estate market and presented various challenges that they have to face.A large part of them concerned tense relationships with the owners who M.in.They do not allow old furniture, they make scandals in the network with allegedly ruined interiors, and even try to molest their customers.
Apartment for rent with monitoring
Now this set is monitoring the rented apartment in which the owner sees nothing bad.Read what Gosia told me about it.
Can you describe the whole situation?
My son and his girlfriend came across an attractive offer of a flat for rent in Wrocław.It had a great location and looked very good in the pictures, so they wanted to watch them.At that time, they both worked outside the city, so they asked us to go there and did it for them.At first glance, everything looked ok.The owner seemed a bit strange to us, because he was constantly talking about how important it is for him to watch the cleanliness.Besides, however, nothing aroused our suspicions and we had this place in August.
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In mid -September we came there again, with my son's girlfriend, to sign a contract, pay a deposit, take keys and start bringing things.By the way, we got an extremely detailed receiving protocol, in which there was literally everything, including the artificial plants of FEJKA with IKEA.Then the owner's obsession with the apartment was at the point of the apartment again, because he still told to wash the shower, stove, etc. after each use.It worried me a bit, so I noticed that this was not a museum.Ultimately, however, we decided that the guy was simply oversensitive, we signed everything and returned to each other.
Two days later, my daughter came there, who wanted to look for a room for herself, because she also studies in Wrocław.Literally a minute after she entered the apartment, my son's girlfriend got a message from the owner.He asked if she made the place available to someone, because there are strangers inside.In fact, she replied that she gave the keys to her boyfriend's sister and asked him to write where she knew about it.Then he admitted that he had two cameras.He also added "I thought you knew about them", although he didn't mention them at no stage.A mention of this topic was also not included in the contract and a detailed receiving report.
What was your reaction to cameras information?
The young, of course, did not want to be under surveillance, but at first they thought that they would be able to settle the matter amicably, so they asked to dismantle monitoring.The owner wrote back that there is no such option, because he would determine the level of securing his property.He also added that the cameras are installed outside the apartment.In our opinion, however, it is different.This man divided a large, about 100-meter apartment, into two smaller premises.He made them available to tourists earlier on Airbnb, but through Pandemia they went to the long -term rental market.You enter them through a joint closed hallway, which is separated from the rest of the cage.There is a router, intercom and two cameras whose lenses are directed to the door to the apartments.They hang at the ceiling, so if you don't know about them, you can safely not notice them.
Właściciel monitorował mieszkanie na wynajem. "Myślałem, że wiesz o kamerach"Foto: Noizz.plIf there was a "monitored" plate somewhere, at least we would be aware of it, but there is nothing like that.Meanwhile, as we read on the web, this device has a movement detector, so every person entering and leaving the apartment triggers recording.The owner also gets a phone notification and can see her face.
I decided to consult the case with lawyers.They said that they see at least two paragraphs.First of all, it can be pulled under stalking because he sees every entrance and exit from the apartment.Secondly, it is recording the image without consent, because he did not take any paper from us.Lawyers advised that we would not terminate the contract, but withdraw from it, because it has a legal defect in the form of two cameras that we were not informed about.We did what he advised and demanded the return of all the money, i.e. a total of 5,000.zloty.
Did lawyers' arguments convince the owner?
Not.He is outraged all the time and probably does not quite know what to do because he is tangled in the testimony.First, he wrote that the image recorded by cameras will only be used by special services in the event of a potential burglary (so he confessed to recording the image).During the meeting, however, he argued that the devices do not consolidate anything, but they are activated by the traffic detector and then show him who enters and leaves the apartment.He also explained that when he previously rented apartments on Airbnb, no one had any problem with the cameras.I anonymously consulted in this matter with service and found out that it did not allow such monitoring.
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All contacts with him is such a struggle.When we went to give him the keys, he signed a passing protocol, recognizing that the apartment was given to a satisfactory state (the lawyer warned me that if we did not do it, he could later demolish them and blame us).The whole situation of taking things after a few days, however, was quite humiliating.Of course, he did not transfer the money either.Two days later, he suddenly wrote that he was terminating the contract.He also calculated that in connection with the use of the apartment for 6 days with 5,000.zloty może nam zwrócić tylko 1,4 tys.zloty, ponieważ musi potrącić za prąd, gaz itp. Not mam pojęcia, jak do tego doszedł, bo w pewnym momencie okazało się, że dwa lokale, które wynajmuje, mają wspólne liczniki.
What are you going to do now?
We have already prepared an official letter calling him to reimburse the entire amount.We are also thinking about applying for compensation.We stayed not only without money, but also without a flat for children and with things in the corridor that had to be stored somewhere.In addition, we incurred the costs of three travels to the place, and this is probably not the end.If he continues to insist on his, then the case will probably end in court. Mamy też zamiarzlotyożyć doniesienie do prezesa Urzędu Ochrony Danych Osobowych.
Experts about a flat for rent with monitoring
Who's right?Is the case really as black and white as Gosia presents her?I asked two independent real estate specialists for an opinion on this subject.
Hanna Milewska-Wilk, Analysis of the Housing Rental Market related to SimPL.Rent: If the area of the housing community is monitored, according to the GDPR it must be marked in a visible place. Not można też montować kamer tak, żeby obserwować okna lub drzwi lokali mieszkalnych, jak to miało miejsce w tym przypadku.The image is a personal data, especially since the other data has the landlord under the lease.No monitoring designation and no regulations (what is the scope of observation? Who has insight into the data? How are they stored, secured and used?).This is the basis for terminating the contract (concealing) and bringing a case against the Lessor for a violation of goods.The lawyer will definitely add a few other things in the lawsuit.
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Przemysław Chimczak, a partner in Thinkco and a member of the rental laboratory: the right to privacy and preservation of home mirts belongs to one of the most basic rights of tenants, resulting directly from the Act on the protection of tenants' rights.Renting in Poland in many areas still does not meet the basic standards related to ensuring safe and comfortable living conditions, and the cited case is a great example.The owner has under no circumstances to surveillance tenants who should be able to feel at home in the hired apartment.Moreover, if the tenants do not agree to this, the owner of the apartment has no right to enter it during the current lease agreement. Notstety, zarówno wielu wynajmujących, jak i najemców, nie ma o tym pojęcia.The duties of tenants include compliance with home order and keeping the apartment in the right state of cleanliness.If they do not do this, they are burdensome for other neighbors or pay rent according to the contract, then the owner has the right to terminate the contract.This lease agreement is to secure both parties - the landlord ensures rent and safety of giving the premises in an uncomfortable condition, and the tenants ensure a sense of privacy and give the possibility of stable and comfortable residence.Any case violating these norms has a negative impact on the image of the lease and should be stigmatized.
