Legal advice on rental agreements

Questioner

I want to rent my property for 3 years to a private individual I know for a long time, but we are having a discussion about the content of a draft lease agreement. The tenant is making threats if his version is not signed and is using charm offensives on third parties who want to help. Can you mediate and/or advise on this?

Lawyer

I am a lawyer specialized in real estate law with an emphasis on tenancy law. I can of course help you and you can contact me for that. By the way, I think it would be wise to seek assistance in this matter, because a three-year lease for an independent residential property is not possible and you would then be tied to a lease for an indefinite period.

Lawyer

A 3-year lease agreement is possible, but is not considered a temporary lease agreement, so that the tenant simply enjoys rental protection. A lease agreement that is entered into for 3 years does not end by operation of law after the agreed period has expired and can only be terminated by you on the basis of one of the grounds for termination stated in the law. If these do not apply, termination is not possible and the lease agreement is continued for an indefinite period after the agreed term has expired.

Lawyer

There is also always the option of evading the Vacancy Act or using a diplomatic clause. In short, you should orientate yourself well because a bare regular contract of 3 years will indeed lead to one of indefinite duration and rental protection.