Legal assistance with rental problems | Legal aid centre


Questioner

We have been renting a farmhouse for over two years (as described in our lease). It now appears that we actually live in an agricultural company home. We have no connection whatsoever with the company that is located on our property. Our lease is for an indefinite period. What happens if the municipality enforces? Will both we (tenant) and landlord/owner receive a penalty? We did not know when we rented this that it was an agricultural business home. The owner did know this, he also clearly indicated on all the permits of the company that it is an agricultural business home. Otherwise he would never have received his permits. In connection with the application for a permit, they had even specifically stated that it would not be rented (anymore), because they had already been 'caught' with the previous landlords. Yet they immediately rented the house to us again afterwards, for an indefinite period. Acting contrary to the zoning plan is punishable, is this ever punished? And who is punished? What are the consequences for us as tenants if the municipality takes enforcement action?

Questioner

'caught' with the previous landlords. ' should be: 'caught' with the previous tenants. '

Lawyer

If the municipality is going to enforce, they will see both the tenant and the landlord as the offender and will impose a penalty payment order on both. You could have known this by consulting the zoning plan. The landlord can of course be held liable by you, but in my opinion it is better not to let it get that far and to already keep a close eye on Nasr replacement housing...

Questioner

Are you as a tenant obliged to find this out? We rented this through an estate agent as a farmhouse. The landlord has deliberately (illegally) rented this to us, for an indefinite period of time. Can't we hold the landlord liable for this?

Questioner

And then I go from public law to private law: Isn't this a breach of contract by the landlord? He rents us something, but then can no longer meet his obligation. We are just private tenants and have a contract for an indefinite period. Landlord tries to get us out, but has no legal grounds to evict us. He has tried to force us (with violence) to sign a mutual lease termination agreement. With the excuse of urgent personal use. However, there is no question of urgent personal use and then they should also terminate our lease. But they try everything to get out of a relocation compensation. Then he tried with 'breach of contract'. But only a judge can decide that and this does not stand a chance for a judge. We are normal tenants and always pay properly. I have asked a question about this before: http://www.rechtswinkel.nl/antwoorden/49830/moet-een-jurist-zich-aan-een-bepaalde-beroepscode-houden-we-hebben-een-conflict-met-onze.html

Lawyer

The landlord must provide you with the living pleasure/use as agreed with you. As long as the municipality does not take enforcement action, I think there is little to worry about. Things are different if the municipality starts enforcing. Then it depends on how the lease agreement formulates which use the landlord must provide you and whether the lease agreement contains further agreements on who must arrange for which possible permits etc. to make the agreed use possible. Depending on the content of the agreement, there could be a 'defect' that is for the landlord's account. Also consider error. You rented under the assumption that you were renting a farmhouse, while it turns out to be an agricultural company home. In short, if the municipality is going to enforce the law and for that reason you have to leave the home, then it seems to me that it is possible to claim compensation from the landlord for the damage you will suffer as a result, with a good chance of success.

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