Legal questions about owner-occupied homes and tenancy law


Questioner

I am interested in a house for sale that is currently rented out via the vacancy law. The owner of the house has hired a professional agency for this purpose, with which she has concluded a contract as of 1 July 2016. The minimum rental agreement according to the vacancy law lasts 6 months. A tenant moved into the house on 1 August 2016. The selling agent says that the 6 months start on 1 July, despite the fact that the house was only rented on 1 August. My question is twofold; 1) When did the 6 months start? Is that on the day the seller signed a contract with the rental agency or is that on the day a tenant moved into the house? 2) If I make an offer on the house, does a notice period of 3 months still apply after those 6 months? So are you actually 9 months further? Or is it the case that the tenant must be there for at least 6 months? In other words, that the lease is terminated on 1 October or 1 November 2016 and the tenant must leave on 1 January or 1 February? (because then he will have been there for 6 months). In addition, the question is whether, if I decide to buy the house, I should include conditions of dissolution in the purchase contract along the lines of 'The house must be tenant-free on the day of transfer, if not, a fine may be imposed and the purchase will not go through' Or is that not necessary? I asked the sales agent for a copy of the lease to make sure that everything is properly arranged, but he does not want to give it because that is something between the seller and the rental agency/current tenant. Does anyone have any tips? Advice? Please!

Lawyer

1. The six months commence on the day the lease agreement commences and not on the day the agreement between the landlord and the agency commences. 2. There is indeed a notice period of 3 months. The landlord must therefore terminate the lease at least 3 months before the end of the 6-month period. 3. Inspection of the lease agreement is indeed important. Since you do not get this inspection (and in any case) it is indeed important to include conditions in the purchase agreement that stipulate that the home must be delivered free of rent. For further information, please feel free to contact me.

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