Legal Help with Rental Problems | Rechtswinkel.nl


Questioner

I would like to know when notice should be given to avoid under-extension of this rental contract? this is text from contract? Duration, extension and termination 3.1 This Agreement is entered into for a period of 1 year, commencing on November 1, 2016 and continuing until October 31, 2017. 3.2 After the expiry of the period referred to in 3.1, this agreement will be continued for consecutive periods of 1 year each. 3.3 Termination of this agreement takes place by notice at the end of a rental period with observance of a period of at least 3 months 3.4 Termination must be effected by bailiff's writ or by registered letter.

Lawyer

As a general rule, the duration of a lease agreement for a commercial space accessible to the public is five years. The idea behind this is that you as a tenant should be able to build up a clientele and earn back your investments. Tenant and landlord are therefore tied to each other for a fairly long time. But the law offers the possibility of a trial period. This concerns a tenancy agreement for a period of two years or less. If you choose this, the strict rent protection provisions do not apply: - As a tenant, you have no rental protection in that situation - There is a mutual short notice period (or sometimes none at all) - The landlord does not have to involve the court in the event of termination - No reasons need to be given to terminate the lease If this lease agreement of two years or less is (tacitly) extended, the trial period system will automatically expire and the strict rental rules will apply again. The agreement will then automatically apply for five years, from which the elapsed period will be deducted. After that, the agreement will continue for another five years, and then for an indefinite period. For further information, you may contact me directly, if desired.

Lawyer

This lease agreement must be terminated by 1 November 2017 with a notice period of at least 3 months. This means that the lease agreement must be terminated before 1 August 2017.

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