Legal Help with Rental Problems | Rechtswinkel.nl

Questioner

Dear, I rent a house in a port city, which was also for sale. Half a year ago I was fortunate enough to be able to buy the house myself, and I almost succeeded. At the very last moment it was called off, to my regret. Shortly afterwards, two days after the cancellation, I unexpectedly received a message that the lease had expired and that I suddenly had to leave the building in August. I have a lot of damage because after the valuation I bought a lot of stuff for €145,000 because I knew for sure that the house would be mine. So that I have to sell that furniture or an expensive move. I also wanted to remove the carpet upstairs, and it looks a bit worn. Now I probably don't have a chance on the deposit anymore. And then finding a new rental home is completely impossible. What rights do I have?

Lawyer

In order to determine your rights, it is important to know whether the property is subject to 'vacancy law rental' or rental of an independent home for a fixed period with a term of no more than 2 years. If these special rental options are not available, you as a tenant have a strong position and the landlord will only be able to require you to leave the property if the court has granted a claim to be submitted by the landlord. See also: https://www.woonbond.nl/woning-zoeken-recht/tijdelijk-huren

Questioner

Thank you, it is indeed the vacancy law. But the last six months I was in negotiations with the mortgage bank, together with the broker and buyer. I paid my rent for the same house. So I am now doubly the victim, and no purchase, and no house, The cancellation of the mortgage advisor also went very strangely. Everything was approved, valuation, extra payment via notary, and suddenly I was blamed for canceling the mortgage. In the meantime, I have complaints about her, which were taken very seriously. She also spoke to the broker about the cancellation, first, but not to me. I only received an email about which she did not want to discuss. Two days later I already received the cancellation of rent from the owner. What about the moving costs? I will receive the appraisal costs back from the bank. n.b. the broker sells his wife does the vacancy law

Lawyer

Please check whether all requirements for legally valid vacancy law rent have been met (see my link to the website of the housing association). You write 'the broker sells, his wife does the vacancy law'; this may indicate that the following requirements have not been met: When is it allowed? The following residential properties can be rented under the Vacancy Act: house for sale from a private owner (an owner may rent out a maximum of 2 owner-occupied houses at the same time) rental property for sale rental property (e.g. from a housing association) that will be demolished or extensively renovated in the long term living space in a building (e.g. office or school) that is awaiting a different purpose, sale or renovation. If not, then this is a case of normal rental of residential space and you have strong tenant protection. Furthermore: the mere fact that the purchase of your rental property did not go through and that the lease is now being terminated is not unlawful as such, so I see no possibilities for you to claim damages or compensation for expenses you incurred in the failed purchase process. I don't understand your comment that you no longer have a chance of getting the deposit. If you hand over the house in a clean condition and without rent arrears, you should simply get the deposit back.

Questioner

The cancellation of the mortgage advisor also went very strangely. Everything was approved, valuation, extra payment via notary, and suddenly I was blamed for the cancellation of the mortgage provider. In the meantime, I have many complaints about her, which were taken very seriously. She also spoke to the broker about the cancellation, first, but not to me. I only received an email about which she did not want to discuss it. Two days later I already received the cancellation of the rent from the owner. Very distressing because I knew nothing about that. But possibly, because of the extended rental period due to the purchase, because it had to be until February, they are no longer registered in the vacancy law, so I will go to the town hall next week. 2 Because I thought the house was going to be mine I was sloppy with the carpet upstairs, I wanted to take it out, so the dog scratches on the door.... The moving costs then?, I receive appraisal costs back from the bank. Can I also ask the bank for more compensation? n.b.