{"product_id":"vragen-65214-als-een-woningruil-niet-doorgaat-omdat-de-huur-wordt-verhoogd-moet-de-huurder-die-in-desbetreffende","title":"Solving rental problems: Home exchange and replacement","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n If a home exchange does not go ahead because the rent is increased, must the tenant occupying the home in question apply for substitution with the subdistrict court? Or must a written request first be submitted to the landlord? (There are weighty interests).\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nA house exchange can be requested; it is important that the legal requirements are met. Of course, you can first submit a request to the landlord, but I understand from your question that there has already been a rejection, at least a rejection for a house exchange while retaining the same rent.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n There is indeed a rejection because the rent is too high due to an interim increase, but I wondered whether an official request for substitution still has to be submitted. Which is of course rejected, but then the way is cleared to the subdistrict court. Is that correct? And do both victims have to go to court? Or only the person whose landlord it concerns? Of course he has no rejection, but he still cannot exchange because the other party has been rejected...\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Is the rent increase a contractual increase that the landlord is entitled to regardless of the desired home exchange, or does the landlord want the new tenant to pay a higher rent?\n \nYou can of course give the landlord a final chance by letting him know that if he does not cooperate with a pure home exchange (with retention of the rent), you will submit a request to that effect to the subdistrict court.\n\n Obviously, you only have to summon the landlord who does not cooperate; if the other landlord does cooperate, he or she does not have to be involved in the proceedings.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n A market-conform increase (from 580 to 710). Of course we only summon the landlord, but there are 2 parties who are affected by this. I assume that the party who lives in the house is requesting substitution?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n That is correct. The sitting tenant demands cooperation from his own landlord to have a third party enter into the lease agreement in the tenant's place. The other tenant is not a party to the proceedings but is involved. You can also issue the summons on behalf of the tenant taking his place.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you, I know enough now.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55004187165021,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-65214-als-een-woningruil-niet-doorgaat-omdat-de-huur-wordt-verhoogd-moet-de-huurder-die-in-desbetreffende","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}