{"product_id":"vragen-23069-geachte-heer-mevrouw-wij-huren-op-dit-moment-een-woning-particulier-wij-hebben-een-overeenkom","title":"Rental agreement: What are your rights?","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Ir\/Madam,\n \nWe are currently renting a home (private). We have entered into an agreement for at least one year and then indefinitely (according to the general rental conditions). After that year, the tenant proposed to extend the contract by one year. We have decided to accept this option, see next sentence. (We want to use the option to rent the apartment for at least another year until December 1, 2014). Now we have been offered another rental home and we would like to move there. Are we free after one month according to the general conditions or can the landlord hold us to the option until December 1, 2014?\n\n Kind regards,\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Day,\n\n It appears that you have waived the right to a permanent lease and therefore cannot cancel it on a monthly basis. Is this a rental property according to the Vacancy Act?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nThe landlord has offered you to rent the property for another year (instead of renting for an indefinite period). You have agreed to this extension of 1 year. You cannot then terminate this rental agreement on a monthly basis, but you are obliged to rent this property for another year. Interim termination is only possible if: 1) This is stated in the rental agreement. 2) Your landlord agrees to the termination.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Isn't it true that you can only enter into a lease agreement for a certain period of time once and then switch to an indefinite period? That the option is therefore not legally valid?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n You can always cancel a rental contract for an indefinite period. You must adhere to the notice period.\n \nIn the case of a fixed-term rental contract, you may also terminate. However, the rental does not end before the end date of the rental contract. In this case, you have agreed that you will rent it for another year. In addition to my previous answer. Interim termination is only possible if: 1) If this is stated in the rental contract. 2) Your landlord agrees to the termination.\n\n If you have a rental agreement based on the vacancy law, it is not possible to terminate the lease prematurely.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n The lease agreement states that after one year the contract will be converted into an indefinite term. We as tenants have a notice period of one month and the landlord three months. With this option of one year, nothing has been agreed on interim termination. Does the rule of one month and three months apply or not?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Day,\n \nYou are bound to a lease with a duration of one year, there is no cancellation possible, however perhaps after investigation. But for that I have to check the new contract (the option) and also the first contract.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n The only communication (by email) made AFTER one year are two sentences:\n\n Landlord: Can you also confirm that you would like to use the option to rent the apartment for another year?\n\n Tenant: We would like to use the option to rent the apartment for at least another year until December 1, 2014\n\n Nothing else signed or anything. The old contract stipulates that after December 1, 2013 the contract is for an indefinite period with termination per month.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Day,\n \nunfortunately for you I see that the parties have deviated from the agreements in the old lease so that now another year will run without the possibility of termination. It is not that nothing can be done about the new contract, I am thinking for example of general principles such as error etc., but it is advisable to have a lawyer write a letter. And moreover, the old conditions would revive and they must also be viewed.\n\n What date is the email?\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Landlord December 10, 2013\n\n Tenant response December 14, 2013\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nThe tenant cannot terminate the agreement in the meantime in the case of a fixed-term contract. But in this case, there is an indefinite period that the landlord has converted into a fixed-term contract. The question is whether this is permitted, despite the tenant having agreed to this. The legal protection that a tenant has may not be limited and in this case, the tenant's rights are limited by the landlord's action.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n You have deliberately agreed again to a minimum term, even though you did not have to. It is very questionable whether you can get out of this.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55015431373149,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-23069-geachte-heer-mevrouw-wij-huren-op-dit-moment-een-woning-particulier-wij-hebben-een-overeenkom","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}