Can the landlord of our house demand that we sign a new contract?

Questioner

We are renting a house privately and our contract expires on May 1, 2021. It was a contract from May 1, 2019 to May 1, 2021. The minimum duration was 12 months. Now the landlord says he wants to draw up a new contract in my name (instead of my housemate), because he wants to retain his rights and does not want to receive rental protection. He is afraid of skewed rent. For information, we pay €1100 for approximately 70 m2. We are now wondering whether this is allowed/possible at all, since we have both been registered at this address since May 1, 2019. Also, if all goes well, according to the contract, he is already too late to cancel. We would like to have the latter checked. I can send you the contract and the general terms and conditions, but for information purposes only, the following is stated in it: 3.4 The lease agreement ends after the expiry of the period referred to in Article 3.1, if the specific term referred to in Article 3.1 is shorter than or equal to 1 year in the case of independent residential accommodation and the landlord informs the tenant in a timely manner, in accordance with Article 18.2 of the general provisions, of the day on which the lease agreement ends. If the landlord does not inform the tenant or does not inform him in time and the period referred to in article 3.1 expires, the lease agreement will continue for an indefinite period. Termination of the lease agreement by notice must in that case take place in accordance with article 18.1 of the general provisions. 18.1 Termination of the lease agreement by notice must be done by bailiff's writ or registered letter and on a day agreed for rent payment (usually the first day of a calendar month) and with due observance of a notice period. The notice period for a notice by the tenant is equal to the duration of a payment period, but not shorter than one month and not longer than three months and for a notice by the landlord not shorter than three months and with due observance of article 7:271 paragraph 5 BW. 18.2 A tenancy agreement entered into for a fixed term, which is shorter than or equal to two years (in the case of independent living space), or five years (in the case of non-independent living space), shall not end by notice but by notification, which must be made by registered letter, stating that the tenancy agreement shall end on the specific term stated in the tenancy agreement. This notification must be made by the landlord no later than one month before the expiry of the term stated in the tenancy agreement and no earlier than three months before the expiry of that term. I would love to hear from you! Thank you!

Lawyer

The landlord must give notice of the end of the lease (at least one month in advance). If he does not do so, an indefinite lease agreement will automatically run with legal protection for the main tenant and any co-tenants. The landlord's proposal is not right, it is against the law.

Questioner

Hi Monique, Thanks for your response! Is his notice period 1 month or 3 months? At the beginning of our contract it says: Fixed term for a maximum of two (2) years. In 3.1 it says: 3.1 This rental agreement has been entered into for a fixed term with a minimum duration of twelve (12) months, effective from 1 MAY 2019 In 3.4 it says: The lease agreement ends after the expiry of the period referred to in Article 3.1, if the specific term referred to in Article 3.1 is shorter than or equal to 1 year in the case of independent residential accommodation and the landlord informs the tenant in a timely manner, in accordance with Article 18.2 of the general provisions, of the day on which the lease agreement ends. If the landlord does not inform the tenant or does not inform him in time and the period referred to in article 3.1 expires, the lease agreement will continue for an indefinite period. Termination of the lease agreement by notice must in that case take place in accordance with article 18.1 of the general provisions. ............

Questioner

Am I reading it correctly that 18.2 applies if the agreement has a term of 1 year or less? And that for us, because it is a 2-year agreement, article 18.1 applies? See explanation of articles 18.1 and 18.2 in my first message. Thank you in advance!

Lawyer

I cannot deduce from your explanation whether you have entered into a lease agreement for 1 or 2 years. Article 3.1, which you cite, states: this lease agreement has been entered into for a fixed term with a minimum duration of twelve (12) months. This would imply that it concerns a lease agreement for a fixed term of one year or does article 3.1 state more? In both cases, the tenant must give notice at least one month in advance that the lease agreement will end on the agreed end date. If he does not do this (in time), the lease agreement will continue for an indefinite period and you will continue to enjoy rental protection. Incidentally, you are not obliged to enter into a new lease agreement and given the current situation I do not recommend that you do so. At the same time, it should be noted that the landlord cannot enter into a lease agreement for a fixed term with you again under these conditions. A second agreement is automatically considered a lease agreement for an indefinite period.

Questioner

Hi. At the beginning of our contract it says: Fixed term for a maximum of two (2) years. 3.1 states: This rental agreement has been entered into for a fixed term with a minimum duration of twelve (12) months, starting on MAY 1, 2019. So the first year has already passed, the end date of the contract is May 1, 2021. Do I understand correctly that he has a 1 month notice period? In which situation does the 3 months in article 18.1 apply? If he is still on time with the termination because he now has the time to give written notice, what arguments can we use to not agree to this? He can still terminate and therefore also evict us. Of course we want the current contract to continue indefinitely and we want to receive rental protection. But how can we 'legally argue' this? Thank you in advance!

Questioner

In addition, that is all that is stated in 3.1. The vague thing is that there is a 'fixed period' but 3.1 itself does not state how long this is. Earlier in the contract it does state: Fixed period for a maximum of two (2) years. So what exactly applies? Article 18.1 or 18.2? And if it is 18.2, when does 18.1 apply? If necessary, I can also forward the entire contract and the general terms and conditions to an email address?

Lawyer

The exact wording of the rental period in the rental agreement is of crucial importance in this case. A rental agreement for a fixed period ends by operation of law, but in that case the landlord must comply with the formality of informing the tenant BETWEEN 1 AND 3 MONTHS before the end of the agreed rental period about the termination of the contract. If he does not do so in time and/or the rental agreement is extended for a specific period, then by operation of law there is a rental agreement for an indefinite period. If you wish, I would be happy to look at the exact wording of your rental agreement free of charge and inform you of what currently applies to your situation.

Questioner

Hi Marcel, I can't use that many characters on this forum, can I email the contract? At the beginning of our contract it says: Fixed term for a maximum of two (2) years. 3.1 states: This rental agreement has been entered into for a fixed term with a minimum duration of twelve (12) months, starting on MAY 1, 2019. Article 3.4 states: The lease agreement ends after the expiry of the period referred to in Article 3.1, if the specific term referred to in Article 3.1 is shorter than or equal to 1 year in the case of independent residential accommodation and the landlord informs the tenant in good time, in accordance with Article 18.2 of the general provisions, of the day on which the lease agreement ends. If the landlord does not inform the tenant or does not inform him in time and the period referred to in article 3.1 expires, the lease agreement will continue for an indefinite period. Termination of the lease agreement by notice must in that case take place in accordance with article 18.1 of the general provisions.

Questioner

18.1 Termination of the lease agreement by notice must be done by bailiff's writ or registered letter and on an agreed day for rent payment (usually the first day of a calendar month) and with due observance of a notice period. The notice period for a notice by the tenant is equal to the duration of a payment period, but not shorter than one month and not longer than three months and for a notice by the landlord not shorter than three months and with due observance of article 7:271 paragraph 5 BW. 18.2 A tenancy agreement entered into for a fixed term, which is shorter than or equal to two years (in the case of independent living space) or five years (in the case of non-independent living space), does not end by notice but by notification, which must be made by registered letter, stating that the tenancy agreement ends on the specific term stated in the tenancy agreement. This notification must be made by the landlord.

Questioner

So I actually have 2 questions: 1. What exactly applies then? Article 18.1 or 18.2? And if it is 18.2, when does 18.1 apply? 2. If the tenant has given notice on time, what legal arguments can we use to not agree to signing a new contract (but to continue the current contract and obtain rental protection)? If necessary, I can send the entire contract and the general terms and conditions somewhere.

Lawyer

you can email me at mlcohen@cohen-advocaten.nl I will then inform you immediately by email.

Lawyer

Often, at the beginning of a rental agreement, under 'Whereas', it is stated in general terms that it concerns a temporary rental agreement for a maximum period of 2 years. This consideration then says nothing about the agreed duration of the rental. This is usually regulated in article 3.1. If this also applies, it would imply that you have agreed to an agreement for a period of 12 months and that, in the absence of a termination, there is now a rental agreement for an indefinite period. For my contact details, you can consult my profile.