{"product_id":"vragen-2104-geachte-heer-mevrouw-wij-hebben-momenteel-een-huurovereenkomst-voor-2-jaar-tot-eind-februari-201","title":"Rights under Rental Agreement: Discover your options","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Ir\/Madam,\n\n We currently have a rental agreement for 2 years until the end of February 2013, whereby it has been agreed for the second year that this can be terminated by both parties with a notice period of 2 months. The situation is that the landlord wants to sell the house, with a presumed transfer date of 1 October 2012. We will only hear at the end of July whether this will actually go ahead, after which the landlord may terminate the contract. Given the summer period, it is difficult for us to find comparable replacement accommodation. The question that then arises for us is what our rights are if we have not found another accommodation by 1 October.\n\n Yours sincerely,\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nIf the tenancy agreement was not entered into under the Vacancy Act, you are entitled to rent protection. On that basis, interim termination options in tenancy agreements for residential property are in principle not valid: it is the judge who determines the end of the tenancy agreement and the options for termination are limited by law. In principle, selling the property is not a ground for terminating the tenancy agreement. The landlord cannot therefore evict you from the property as of October.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nThis was indeed not entered into under the Vacancy Act, but I have heard that some things could also depend on whether or not the property falls under the private sector and under the rent protection .... ??? Our property is indeed privately rented and according to our broker does not fall under the rent protection. Could you perhaps advise me on this. I have just heard that the landlord will inform us in writing this month, taking into account the two-month notice period. How can I respond to this?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n The question of whether there is a question of 'liberalised rent' only has consequences for the question of whether you can rely on the rent price regime of the law. Not for the question of whether you are eligible for protection in the event of termination of the lease.\n \nAs for the question of what you should inform the landlord: I would at least indicate that you have been informed that you cannot simply be evicted from the property. Depending on what you want to do with the property, you can also indicate that you would like more time to find alternative accommodation, because you have not been able to find any so far. You could possibly agree with the landlord that you will have vacated the property by a certain date (but you can still be legally bound to that agreed date).\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n So you are essentially saying that we can serve out our contract until the end of February 2013 and that we can rely on rent protection to do so?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Yes, and also after February 2013. It is the judge who determines when the contract ends and the judge can only grant a claim for termination on a limited number of grounds, which - at first sight - do not apply here.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nThis knowledge certainly creates some space! Could I perhaps submit the letter to you as soon as I receive it?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Of course!\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n I would like to propose something else to you....\n \n'What does it mean when 2 suspects in a criminal tax case get initially sentenced 12 months and 6 months respectively? Then at the court of appeal in Leeuwardenm, the 12 months becomes 27 months and the 6 months becomes 19 months? Bearing in mind that no new evidence material had been submitted or taken into consideration for the second decision. Both courts had access to the same files. Is there a ground for unfair justice? What are the chances now at the Supreme Court (Court of Cassation)? Will the case be rejected? Or is there a ground for questioning the largely noticed difference in the verdicts? 12 to 27 and 6 to 19 ??? Bearing in mind the prosecutor only appealed against the suspect who initially got 12 months. He did not appeal against the second suspect and was satisfied with the 6 months sentence'.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nThis comment has no relation to the original question, it apparently concerns a criminal case. In general I can say that higher sentences can be imposed on appeal, without there being additional evidence. The judgment on the criminality of the act and the person of the suspect can give reason for this. It is also not unusual for higher sentences to be imposed on appeal and it is therefore always a risk for the suspect to appeal. Of course it must be explained why the Court of Appeal arrived at a higher sentence.\n\n The fact that the Public Prosecution Service did not appeal against the second suspect (but the second suspect did appeal, apparently) does not prevent a higher sentence being reached on appeal. It is not the case that the suspect who appeals should not be worse off on appeal. Practice shows that too.\n \nThe mere fact that a higher sentence was imposed on appeal is not contrary to the law and will not in itself be a reason for the Supreme Court to appeal the Court's decision.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Further to our previous discussion I would like to forward you a copy of the letter I have just received regarding the termination of our tenancy agreement. Unfortunately I cannot cut and paste in this field.... is there perhaps an alternative way?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n You can scan and email this. Due to vacation, it is best to do this to my office colleague Barbara Boneveld. Just add that you are emailing at my request.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you! Just sent an email to your colleague. Is she aware of our correspondence?\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55019675287901,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-2104-geachte-heer-mevrouw-wij-hebben-momenteel-een-huurovereenkomst-voor-2-jaar-tot-eind-februari-201","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}