Rental Problems? Get Legal Advice!


Questioner

We rent a house for a period of 9 months based on the vacancy law. The house was and is still for sale and in the past 3 years that it was empty there has been 1 viewing. Immediately after signing the lease, the owner drastically reduced the sales price (by almost a ton) and suddenly there are viewings. There have been 4 viewings and another one next week. This has quite an impact on our living pleasure and we are wondering to what extent there is a limit to the number of viewings, or whether the rent (Euro 975.00 per month) could possibly be reduced.

Lawyer

First of all, buying does not break a lease agreement. What is reasonable is that the owner/landlord clearly indicates when the viewings are, in connection with the violation of your enjoyment of living. The fact that the purchase price has decreased does not have a basis on the agreed rent. You could of course propose this to the landlord/owner. If desired, you may contact me directly.

Lawyer

You have a rental agreement based on the Vacancy Act because the house is for sale, which mainly creates other rights and obligations than in the 'normal' case of rent. But general rules from book 7 of the rental title do apply. Landlord and tenant must behave reasonably towards each other. Too many viewings, or more than you and the landlord initially had in mind, can result in a defect that in turn gives you the right to reduce the rent, but you must always first put the landlord in default, summon him to comply with his obligations. The question is of course whether in the light of your rental agreement you can sufficiently formulate that there is too much disruption, which was not foreseen at the time the agreement was concluded and you must make him a proposal that would be reasonable in your eyes.

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