In brief
We are all familiar with the saying, “Buy does not break rent,” and leases cannot just be canceled by the landlord. Different legal rules apply to the rental of residential space than to the rental of retail space and office space. Both the tenant and the landlord can cancel the tenancy, whereby the weaker party (the tenant) is usually protected by law. Extra requirements are imposed on the landlord if he wishes to terminate the lease.
In detail…
We are all familiar with the saying, “Buy does not break rent,” and leases cannot just be canceled by the landlord. Different legal rules apply to the rental of residential space than to the rental of retail space and office space. Both the tenant and the landlord can cancel the tenancy, whereby the weaker party (the tenant) is usually protected by law. Extra requirements are imposed on the landlord if he wishes to terminate the lease.
- Termination of lease by tenant
Actual termination of the lease depends in the first instance on the type of lease. The tenant of the accommodation can terminate the rent by the date on which the rent is usually due (the first of the month) and with due observance of a notice period. Different rules apply to the tenant of retail space or office space and this may be contractually deviated from.
- Termination by lessor of tenancy agreement
The lessor of residential accommodation by private persons can only terminate the lease under circumstances specifically stated in the law if it concerns long-term rental.
The tenant cannot invoke rent protection in the event of temporary rent (independent living space for 2 years or less or lease of a room for a maximum of 5 years) as a result of the Temporary Letting of Living Space Act.The landlord hereby has a active information obligation to confirm the end of the temporary lease agreement to the tenant.
As a result of a temporary emergency law as a result of the corona measures can now be temporarily deviated from and temporary lease agreements can be extended for a fixed period. Leases that expire no later than 31 August 2020 can be extended until no later than 1 November 2020. This offers a tenant more scope to look for a new home at a time when restrictive measures still apply. Leases that have already been extended until September can be extended again until November 1, 2020.
The law provides for the following grounds for termination with regard to the termination of the rental agreement of homes by the lessor:
- if the tenant has not behaved as a good tenant should.
- if the landlord makes it plausible that he urgently needs the accommodation for his own use. Pay attention! Selling the house is not covered by this cancellation ground;
- if the tenant does not agree to a reasonable offer to enter into a new lease with regard to the same living space;
- if the rented is a non-self-contained house, which is part of the house in which the landlord has his principal residence, and the landlord demonstrates that his interests in the termination of the rent outweigh those of the tenant in the continuation thereof. This concerns the so-called live-in room rental.
In that case, the rental agreement will only end if the tenant agrees to the termination in writing. If this does not work, the landlord will request the sub district court to set a date on which the lease will end. Until then, the agreement continues.
Therefore please direct contact with JAW Advocaten if you want to cancel the lease or are confronted with a termination request by the landlord.
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