Regarding termination of lease (notice period)

Vraagsteller

Can the landlord decline our termination of the lease despite it being within the notice period? They are demanding the maximum period for notice only (3 months). We need help interpreting the law regarding notice period length. Agreement states 'equal to one payment period (of 3 months) but no less than 1 month and no more than 3 month', we gave notice more than 1 month but not 3 months. Landlord is interpreting as must be 3 month, not between 1 and 3 months. Please advise.

Jurist

It is clear from the language used in the document that the lease agreement specifies a minimum notice period of one month and a maximum notice period of three months. According to the law, the notice period for the tenant is equal to the rental payment period. If the rent is paid monthly, the notice period is therefore one month. Any provisions in the lease agreement that deviate from this legal requirement and disadvantage the tenant are considered invalid. However, please note that my advice is based on the information provided. A definitive response can only be given after a thorough review of the actual lease agreement. If you need further assistance, please do not hesitate to contact me at info@dutchlawadvice.com.