(edit title) Fraud - Lost money in Apartment contract Need advice Options

[pahwa]

Hi All

I signed a contract with an apartment owner is Stockholm. I paid 3 months rent in advance - i.e. SEK 24,000 (No deposit).

Two weeks after I moved into the place, Stockholmshem & Kronofogden representatives came to the door and asked to vacate in 2 hours. The first hand owner had not paid rent for some time and was bankrupt. The landlord is not reachable on phone since then and I believe I have lost the money. Kronofogden representatives told me that the owner was bankrupt and aware of the eviction due in first week May.

I have lodged a police report by calling on 11414 but not heard back after that. I have a signed contract,receipt of paid amount, personnel number, copy of ID and original contract of between Stokholmshem and the landlord.

Is there anything I can do to get the money back?

Thanks

[johnjohn]

Very sorry to hear of your situation. You can try to get the money back using Kronofogden but obviously you will be waiting in queue behind others.

[pahwa]

Thanks for your reply John.

I also want to make sure that the same person is not able to cheat others and have therefore files a police report.
Is the refund through Kronofogden guaranteed (despite of the delay)?

Many thanks
Amit

[johnjohn]

It is my understanding that Kronofogden is not a guarantee but simply a means to try to recoup the money owed you. I think they still must receive his money and forward it to you as they have greater power to collect. Perhaps others know more.

[Boar]

Do you mean to say that you signed secondhand contract?

[pahwa]

Hi Boar

Yes, I signed a second hand contract with a person. He also gave me a copy of the original (first hand) contract.

[Boar]

Did you give cash or did you deposit the money into his personal bank account?

[pahwa]

I paid in cash. have got a receipt & contract for the payment

[Boar]

What kind of paper is that?
Do you think that you can prove that you paid him the money and also he signed the contract?
Because, if the matter goes to the court then you should be able to prove it.
The receipt could be just a paper and the one contract paper which he signed couldn't match his. Did he write in his own handwriting when he gave you or did he prepare the receipt and contract paper signatures before you arrived him?
Are you a member in Hyresgästföreningen?

[pahwa]

Hi Boar

Thanks for your reply!

What kind of paper is that?
>> Its a standard second hand apartment rental contract - downloaded from bostaddirekt.com. I see this is the most commonly used template in Stockholm. The receipt is also on a plain paper with the amount, date and signatures of both parties.

Do you think that you can prove that you paid him the money and also he signed the contract?
>> Yes, since he gave me a copy of the first hand contract as well. I have 2 copies of the contract fully signed by him, one in English & one in Swedish.

Because, if the matter goes to the court then you should be able to prove it.
The receipt could be just a paper and the one contract paper which he signed couldn't match his. Did he write in his own handwriting when he gave you or did he prepare the receipt and contract paper signatures before you arrived him?
>> I wrote the whole receipt but he has signed it. One of the receipt is written by him also in his handwriting while we were discussing. I lived in the apartment for 2 weeks and therefore have pics from the apartment. Police once visited the apartment and they also are a proof that it was rented out to me.

Are you a member in Hyresgästföreningen?
>> No, not aware of that. Will search more on this.

[Boar]

Ok. You say that the police have visited there? Did they visit after Kronofogden people came or afterwards?
When they visited Did they confirm that it was you who was living by checking your id?

[pahwa]

Yes the police visited there on my first day of occupation. Some of the landlord's old friends were there in the house with a copy of the key. I called the police by calling 112. Police verified each of the person's IDs and called the landlord also to verify that I was the tenant as per contract.

After the discussion and verification of IDs, they escorted the landlord's friends out and gave me all the keys. The police told me that since I have been rented this place - I will not be disturbed again and I should call police again if they visit again.

Thanks!

[Boar]

I think you are confused and confusing others here. It is not the landlord. You are mentioning the tenant as Landlord here. You need to say it is the tenant, who has sub-letted to you without the consent of the Landlord (Stockholmshem). The contract happened without the Landlords consent. So, it is against the rules thus it doesn't work.
And, you did not mention properly here. Did the police came first or the Kronofogden people? Why did the tenant's friends came inside by using extra keys? How was that possible? Did they also live there by sharing with you?
The matter will be taken to the court or not will be decided by the police and in that situation sometimes you could get a Lawyer for free.
Otherwise, you need to take the matter to court by yourself and you pay a stamp duty something like 450 sek if you can find a Lawyer student who could help you initially. Later you will drain your pocket to the Lawyer fees.

But, the real problem is how are you going to prove that you paid 24.000 sek to him?

[pahwa]

Thanks Boar. Please see your personal message inbox.

Yes you are right - Its a second hand contract that I signed. The landlord I referred to is actually a first hand tenant.

[Puffin]

Have you contacted the police and reported that your contract appears to have been a scam as he( the 1st hand tennant) already knew that he had been served with eviction papers at the time he signed the contract?

I am not sure that you stand a huge chance of getting your money back though if the guy has declared bankrupcy as it sounds as though there are many creditors