Rental law and vacancy law advice


Questioner

Last February, my boyfriend and I started renting a house from a private individual with a permanent lease. We were specifically selected at the time because the landlord was looking for a couple who intended to live in his house for a longer period of time. Now he is asking us whether we want to formally terminate our regular contract and then rent from him via the vacancy law, so that he can get a second mortgage from the bank for a new house where he wants to live with his wife and children. According to him, he is currently not getting a second mortgage from the bank and in order to get one, his house must be officially for sale. He does indicate that he would like us to continue living in his house. Therefore he proposes the following, to be recorded in a contract between us (with a term of 12 months): • If the house is sold during the term of this agreement, we will receive a compensation of 5% of the sales price. • If the agreement ends after 12 months, we will once again receive a permanent rental contract. After we draw up that agreement, here's what he wants to do: 1. He asks us to formally terminate the lease as of a mutually agreed date in the future (which he says is necessary for his application). 2. He applies to the municipality for a permit for the temporary rental of vacant residential space. 3. If the permit is granted, he will draw up a new, temporary rental agreement with us for a period of 12 months, starting from our termination date. 4. If the permit for rental under the vacancy law is rejected, he will ask us to immediately withdraw our notice of termination and we will simply continue as before (the separate agreement will then also expire). In this way he wants to offer us security of residence and at the same time give himself a year to arrange a mortgage and look for a house in Amsterdam. My biggest concern is that we can simply continue to live in our home. My question is therefore, is all this legally valid? What changes with regard to our rights as tenants if we decide to go along with this? And do we have a leg to stand on if he suddenly does/says something different when the house is sold?

Lawyer

Based on your current lease agreement, you enjoy rental protection which means that the landlord cannot simply terminate the lease. This is only possible on one of the grounds stated in the law. The lease is also continued when the home is sold, because the rule that purchase does not break the lease applies here. If you agree to the landlord's proposal, you waive your right to security of tenure and he can terminate the lease as soon as the property is sold. In his proposal, he does offer compensation and limits the duration of the new agreement, but you will have to judge whether this is sufficiently interesting for you. In any case, the proposal means that if the property is sold within 12 months, you must leave.

Lawyer

Your rating is very low. What did you not like about my answer?

Questioner

Sorry, I forgot to rate it. I really appreciate your response and it is very useful for me too, so: thank you very much for your help!

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