{"product_id":"vragen-41495-hallo-ik-woon-momenteel-in-een-appartement-hier-wonen-wij-nu-ongeveer-5-maanden-toen-wij-de-sleu","title":"Rental Law: Protection under Vacancy Act and Contracts","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Hello,\n \nI currently live in an apartment. We have been living here for about 5 months now. When we got the key, the contract was not yet completely finalized, but would be arranged soon. We were promised that this would be a normal rental contract, but because some time was still needed to arrange everything, this would be temporarily rented on the basis of a vacancy law contract.\n\n At the time, we signed a 'template contract', which means that not everything was filled in yet. This contract was also signed by us as tenants only and then taken by the landlord. We never saw this contract again. We did pay the first months rent.\n \nBecause we wanted to apply for rent subsidy, we repeatedly asked for the contract (the amount of rent we paid was not yet final but an estimate). The landlord made many promises and agreements but unfortunately never kept them. After a few weeks he told us that he had managed to do it on the basis of a normal contract and that a vacancy law contract was no longer necessary.\n\n In the meantime, a few months have passed and we still don't have a contract. Because we still don't have a contract, we haven't transferred any rent for the last two months to put some pressure behind the contract. The landlord did show understanding for this and didn't make a fuss about it.\n \nThe landlord has lied a lot to each other. Last week he said that he has a dispute with the municipality (about another matter) and that the municipality is therefore obstructing him with the permit for renting. That is why he still wanted to do it temporarily on the basis of the vacancy law, but he also said that he certainly does not want to sell it and\n\n Now this week we got a phone call that there would be a viewing. So I'm afraid he intends to sell the house after all.\n\n What are our rights? We only signed an incomplete template contract based on the vacancy law. However, I suspect that at the time we signed this contract, the permit for the vacancy law had not yet been applied for. Is it possible that we are covered by the rental protection and that we cannot simply be evicted? And can the fact that we have not paid rent for the past two months still come back to haunt us?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nYou have a normal rental contract for an indefinite period because the law sanctions the lack of a permit that is required for renting via the Vacancy Act. Furthermore, the law does not require a written rental contract. In my opinion, you therefore enjoy full protection from rent. You can also ask the landlord for a contract if the tax authorities require this, but monthly transfer of the rent is also sufficient proof.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n You ask questions regarding the rent and letting that can only be answered after further study of the documents and assessment of the apparent verbal agreements. I agree with Ms Ferwerda that there will probably indeed be a question of ordinary rent of residential space.\n \nHowever, I do think that you are playing a high game by not paying rent anymore and I advise you to continue to pay the agreed amount on time for the time being. If you are three months behind on rent or more, you run a great risk that you can be sentenced to eviction by the judge in summary proceedings due to rent arrears!\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Yes and no; the questioner suspends and there is a defect. (in the form of missing a written lease agreement an agreement based on the lease agreement). The judge has decided that suspension of the total rent is also allowed and does not have to be in proportion to the size or importance of the defect. The right of suspension is precisely intended to encourage the other party to take action. But I do think that it is in your own interest that you can better continue the payments so that you also have continuous proof of the existence of a lease agreement because the rent is always received. There is then a conflict and that seems sufficient to me.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nThanks for the responses. That suspension of payments was with the landlord's permission, but I decided to pay the arrears anyway.\n\n We are now waiting for a response from the municipality with more information about the granting of the vacancy law permit.\n\n Then an additional question: the landlord said that he has paid off the mortgage in full and that he could not draw up a rental agreement because he did not get a permit from the municipality. But as far as I could find on the internet, it is not necessary to apply for a permit for normal rental?\n\n And what if it turns out that the mortgage has not been paid off and that the mortgage provider does not want to cooperate with letting? Do I still enjoy rent protection?\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55017869476189,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-41495-hallo-ik-woon-momenteel-in-een-appartement-hier-wonen-wij-nu-ongeveer-5-maanden-toen-wij-de-sleu","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}