termination of short-term rental contract

[princesszulu]

I am unfortunately not in a position yet to write in Nederlands but can read and understand it well. I hope this does not pose a problem.

We signed a rental agreement for a house (private use) for 1 year. This year expired in December 2009. 4 months prior to the contract expiring I asked (verbally) the landlord for a new short term contract. After several reminders (via telephone and sms) he had still not given us a new contract.In the meantime (N0vember 2009) damp problems with schimmel have appeared in one of the bedrooms. Since December last year I have reduced the rent after informing the landlord of this. He was aware of my intention and did not put in a dispute or tell me its not allowed - he did not respond at all...........he does not denie getting my messages via sms.

Finally and thankfully, the landlord is fixing it now, 6 months into us staying here without a contract. My question: If he does not give us a new contract to sign and we want to leave, do we just give the normal 3 month notice by registered letter? The landlord knows even before we signed for one year, that 9 years is not an option for us.

Kind regards

[Vandebos]

Belgian law states the following for renting your main house (this means the residence where your official addres is listed):

Short term contracts (3 years of lease or less) need to be terminated by formal notification by either party to the other(s) at least three months before the perimation of the contract. If termination is not activated by either parties during the period as speciefied the contract automatically becomes a contract of nine years which started at the date the original contract was signed.

This article is mandatory.

All in all this isn't really a bad situation. The legislation concerning 9 year contracts is way better for the renter tha the legislation concerning short term contracts.

For example the renter can cancel the contract anytime he wishes with three months warning, there is only a penalty when the contract is terminated during the first three years ( three months, two months, one month). I some cases there is even the need for a warning period and the penalty is voided aswell.

I hope this already partially answers your question?

[princesszulu]

Thank you kindly for the prompt response. Yes, I have studied the law and am aware of the automatic 9 year period if both parties don't object. However, we need a new short term contract as we will not live in this house (general area) for 3 years. In other words, we will have to move within the next year which makes the duration of our stay in this house only 2,5 years. The problem is, that we do not want to lose our 2 month deposit because of the termination clause of 3-2-1 months full rental payment.

[Vandebos]

You should check with the local registry office if the contract was registered or not. If it isn't registered you can leave the house without a three month warning period (a one month period is still regarded as the polite amount of time although you could just deposit a letter that you'll leave the house in say three days...) and the landlord may not ask for, in your case a one month rent penalty.

If you don't know the local registry office you can always send me a private message (PB button in the middle on the lower left of this message) with the postal code, street and house number, than i'll make a quick search.

[princesszulu]

Thank you for your 'after hours' response (after 19h00?!)

I have checked, it was registered........not with a plaatsbeskrywing though, which will make it difficult for the landlord to blame fautls of the house on us......

Regardless, the question remains, can the landlord expect us to pay a penalty for giving a 3 month termination?

Warm regards

[Vandebos]

If the contract terminates during the third year the landlord can ask a one month penalty.

Was an inventory of fixtures made at the start of the contract? If both parties signed the inventory, it doesn't have to be registered to be legally valid.

Belgian law loops a bit there. Registration validates the date of the contract and is bound to certain penalties if it isn't done ( ability to terminate without three month warning, voidance of penalties, in case of a change of ownership the new owner can during a limited timeframe evacuate a building in three months instead of six) but that's it.

This forum is maintained by volunteers, so after hours, coffee-breaks, lunch-hours are the main periods when you'll get answers...

[princesszulu]

Hullo again

I need help with a rather sticky situation. Is this communication between us?

Warm regards
Princesszulu

[artemis]

If you want to send a private message you can use the PB button (privé bericht).