HOLIDAY HOME RENTAL SCAM
The Law Office of Advocate Andriy Dementiy was approached by a regular client asking for help, as he had been cheated when renting a house.
The client and his family wanted to spend Christmas in the mountains and for this purpose rented a house in Zakopane. He signed a booking agreement, paid a deposit and upon arrival at the rented house, it turned out that no keys had been left by the owner and the owner was not at the address indicated. He had to incur further costs to rent another flat on site, lost time and suffered a stressful situation.
Pursuant to Article 471 of the Civil Code, a debtor is obliged to compensate for damage resulting from non-performance or improper performance of an obligation, unless the non-performance or improper performance is a consequence of circumstances for which the debtor is not responsible. Accordingly, the law firm brought an action for payment on behalf of the client on account of the non-performance of the holiday home rental service, which resulted in an order for payment and an award of legal costs plus interest.
Is this the end of the case?
No, because in the present situation there was also a reasonable suspicion of an offence under Article 286 of the Penal Code, i.e. ‘Whoever, in order to gain a financial benefit, leads another person to a disadvantageous disposition of his own or another person's property by means of misrepresentation or exploitation of a mistake or incapacity to grasp the intended action, shall be subject to the penalty of deprivation of liberty for a term of between 6 months and 8 years.’ A corresponding notice was also filed on behalf of the client.
At the hearing, it emerged that the owner of this house is wanted by an arrest warrant for similar cases and the Client is not the first person to have been defrauded in a similar manner.
It should be noted that although the amount lost by the client does not seem very large, such a claim is still legitimate and the debtor will sooner or later answer for his actions.
How to avoid a similar situation?
- Do not make any down payments on rent. This is a safe option, although landlords often make this a condition when booking a property.
- Carefully read the contents of the advertisement and pay attention to suspicious information and inconsistencies.
- Check whether the owner owns the property in the Electronic Land Registry system https://ekw.ms.gov.pl/eukw_ogol/menu.do.
- Look for listings on verified sites and reputable advertising platforms that safeguard the client's interests.
Have you been scammed or need advice before renting? Contact the Law Office of Advocate Andriy Dementiy at email: kancelaria@ad-adwokat.pl or at 533 648 811.
