Termination of rental contract


Questioner

My mother started living with her partner at her address on March 1, 2011. Her partner lived with his son's family in a farmhouse, at that time they were both registered as residents. The agreement was that his father could continue to live there until his death. For tax purposes, they are fiscal partners during this period. As of December 20, 2016, my mother and her partner have been given their own purpose with a house number on their part of the house. On March 23, 2020, her partner passed away. From that time on, my mother was allowed to continue living there. This resulted in a 2-year rental contract as of May 1, 2020, at a market-conform price. This contract expires on May 1, 2022. The landlord (his son) does not want to extend this contract and has asked my mother to look for a home elsewhere. Does my mother still have rental protection to continue living here, or is she forced to leave this home as of May 1, 2022? I look forward to hearing from you.

Lawyer

Was there a rental agreement in the period from December 2016 to May 1, 2020? This may be important for assessing the situation. A rental agreement does not necessarily have to be in writing. If there was already an oral rental agreement before 1 May 2020, that period will be taken into account when assessing the current situation. There could already be a rental agreement for an indefinite period. If there was already a lease for more than two years, then the lease agreement is for an indefinite period. Such an agreement cannot simply be terminated. In these situations it always depends on the exact circumstances of the case. Feel free to contact me via my profile if you have any questions or if you want legal assistance.

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