Wonen, Buren
Particulier
We rented a house through a rental agency from August 2017 and signed a 12-month lease.
We had to leave the house on 15th June 2018 (deregistering with the gemeente on 14 June) as I was made redundant from my job at the end of March 2018. My employer declared bankruptcy. We had to leave the house and the Netherlands as I started a new job in the U.S. in early May 2018.
We completed a check out of the property in Delft with the rental agency on 15th June, handing over the keys to the property. To date we have paid the rent to the end of June.
My questions are:
Q1 In this situation (employer going bankrupt, having to leave the country to find new employment), are we able to end the tenancy early?
Q2 The property inspection & final check out took place on 14 June. We are still awaiting a response from the landlord. Is there a time limit by which the landlord is obligated to respond to the tenant(s)?
Thank you in advance for any advice.
Answer to question 1 : the risk of having to move out the rental place because of the reason you mentioned is for the tenant unless there is a written exact condition in the contract .
The landlord need to pay back the borg in resaonable time, this is arranged in the contract or by law, one month. I am afraid the landlord will not return it.
Reactie van de vraagsteller
Many thanks for your speedy response Monique. My reason for asking if it is possible to end our tenancy agreement one month early is a result of reading about the changes that came into effect on 1 July 2016:
Conditions
Rent is for a certain time.
Rent lasts a maximum of 2 years.
What must be in the contract?
An agreed rental term of up to 2 years.
Duration contract
The contract ends automatically after the agreed term. The landlord must confirm this to the tenant in writing at least 1 and a maximum of 3 months in advance.
Extension is possible. But then the rental contract changes into a contract for an indefinite period. This also applies if the first term was shorter than 2 years.
In the meantime terminate tenant
Are you a tenant and do you want to terminate early? Then you must do so within the following periods:
Notice period is equal to the payment term.
At least 1 month in advance, regardless of the payment term.
Up to 3 months in advance, regardless of the payment term.
In the meantime cancel the landlord
The landlord may not terminate early.
(taken from https://www.rijksoverheid.nl/onderwerpen/tijdelijk-huren/vraag-en-antwoord/welke-mogelijkheden-voor-tijdelijke-verhuur-zijn-er)
Do you know if this would apply in our case?
Again many thanks for taking the time to help & offer your valuable insight.
No it will not beacause first you have had a contract for 1 year. You are bound for a year .Second, Landlord and tenant may mutaully agree different in writing. But this had not happened. Third, The Landlord may be unlawfully enriched because he found a replcaement tenant but for a few months rental notes you are not goning to court for it. It will and can be different if he will not return deposit- as I think_ and the rental price is large. In that case I am willing to help and represent you , starting writing a legal notice