Residentie/contract problem

Daniello
Topic Starter
Berichten: 2

Residentie/contract problem

#1 , 10 jan 2012 21:47

Welcome.
Sorry that I'm writing in English,but after one year in Belgium and two monts of Netherlands course my Dutch could be really hard to understand.

At the moment I'm renting the flat, second year of 3 years lease. I would like to cancel / break the contract. Question is : if I will inform the landlord during the second year, that I'm leaving the flat, than I will leave the after 3 monts,but during the 3rd year of lease, will I pay 2x rental as a 'penalty' or I will pay 1x rental because it will be 3rd year of lease at the moment of leaving the flat?

Much appreciated for help.


2nd question : is there any way to leave the apartament without paying the penalty? I had several problems with neigbours ( entrance to my flat was blocked by them, I called police but untill someone will not harm me everything is fine for them...) so I am searching for any 'back door' to cancel the contract and change the living place.

Winston
Juridisch actief: Ja
Regio: België

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Vandebos
Berichten: 16087

#2 , 10 jan 2012 23:46

The flat is registered as your official primary adress? In that case the only way to break the contract under belgian law is to reach an agreement with the owner or his representative. A normal breach of contract agreement in the third year would encompass a three month warning and a one month rent fine as compensation for the breach. But once again for a fixed time contract no breach regulations exist by law, the law on the contrary wants to guarantee both renter and owner that the contract is unbreachable for the duration of the contract.

Concerning the neighbours, file a complaint every time and insist on being given the registration number of the complaint. Next time they try to bar you from your flat report it as a breach of the peace (in dutch huisvredebreuk en schending art 15 grondwet).

Daniello
Topic Starter
Berichten: 2

#3 , 11 jan 2012 00:52

Thank You Vandebos for the tips,really appreciate that.

Last time after incident I went to the police for any copy what happend,they just gave me the number of intervertion. Funny things is that the names of the officers in the computer are different than the names of the guys which came. Anyway yesterday I had another 'party' at the hall with shouting so I will come to the police again - we're gonna see how it will end.

I have one more question - is there any law in Belgium which says,that I need to lock from inside by key doors with automatic lock? I have them in the hall in the residentie and the neigbours are trying to force me to lock those doors - which is nonsence because the doors are already closed when you push them,and also in case of fire You are stucked. Contract or bijlages aren't say anything about that.
Another thing about they argue - they want me to clean the hall every three weeks - contract also doesn't involve this. Do I have? Don't get me wrong - I was closing the doors and cleaning the doors but they started to be very rude,search my trash and many other things which I cannot tolerte,so I stopped to do anything which I don't need to.

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