Rental agreement Vacancy Act: What now?
Questioner
Good day I rent under the vacancy law the landlord has terminated the contract and including 3 months notice I have to leave by September 30th at the latest but the contract states that the landlord the house must be returned clean and empty by September 24 at the latest and the sales contract was only signed on July 14th If I calculate for 3 months, I would not have to move out until October 14th. Can the contract be terminated earlier if it has not yet been sold, for example during a viewing or an offer?Lawyer
Purchase does not break lease, according to the law. In the case of vacancy, this is different. A rental agreement must be entered into for at least six months. The rental agreement must clearly state that an Lw permit has been granted and that the tenant cannot claim the usual rental protection. Article 7:271 paragraph 1 BW remains applicable, also to a Lw lease agreement. That article stipulates that a lease agreement concluded for a fixed period cannot be terminated on a date that is before the agreed end date. In a summary judgment of the subdistrict court of Winschoten of 15 November 2012 (WR 2013/85), the eviction was rejected for that reason, because the judge was of the opinion that the landlord had given notice 'too early', so that the Lw lease agreement had not ended. I'll give you an EXAMPLE: A temporary lease agreement is entered into for the period from 1 May 2015 to 1 March 2016. This agreement meets the condition that the Lw lease agreement must last at least six months. In this case, the Lw permit was granted for the period from 1 March 2015 to 1 March 2016. Because the tenant is not behaving as a good tenant, the landlord wants to terminate the Lw lease agreement. Taking into account the prescribed notice period of three months, the landlord terminates the lease agreement on 1 September 2015 with effect from 1 December 2015. The tenant can then rely on the fact that the Lw lease agreement was entered into for the period up to 1 March 2016 and that this agreement cannot therefore be terminated prematurely. If the Lw lease agreement had been entered into for an indefinite period, this landlord would have been able to terminate it with effect from 1 December 2015. If you would like further advice, please feel free to contact me directly.Neem de volgende stap
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