Assistance with legal questions about living and renting

Questioner

Due to emigration abroad (January 2017) we have sold our house, and we have to leave soon. Now it is the case that a friend of ours has a house that is empty, because they have been sent abroad for a few years. When they return to the Netherlands in a few years they will live in their house again. So the house is not for sale. As a favor to a friend, we can stay in his house for the next 10 months; we will look after his house in his absence and in this way we have a place to stay. Most mortgage providers state that they must give permission when renting out a purchased home, this is stated in the mortgage deed. But does this rule also apply in this case? To rent = to allow a tenant to use a movable or immovable property for a specific period of time, in return for periodic payment. In our case there is no periodic payment, it is a service in kind. How can/should we approach this legally?

Lawyer

Usually, the terms and conditions also contain a provision on otherwise giving the home into use other than rent; permission is almost always required for this. Incidentally, a service in kind is also a payment and therefore rent if valued in money - equivalent. If there is no equivalent consideration in money or in kind, then there is a loan-use agreement.