It is also advisable to include the condition of the property in the contract. Are there any scratches on the laminate or are the kitchen cabinet doors broken? Then let that be recorded in the contract. As a tenant, always look at how the house should be delivered again when you move. Your landlord can`t just terminate your lease. With a fixed lease, you have rental protection. This means that your landlord can only terminate your lease for a reason established by law, for example: if the landlord himself has an urgent need for the housing, he can cancel the rent and ask the court to terminate the lease. The landlord must then make it plausible that he needs the living space so urgently that he cannot be expected to continue the rent. This does not include the sale of the property („the purchase does not break the rent“). In his decision, the judge takes into account the interests of the tenant, the landlord and any sub-tenants. If the owner needs a residence permit to move into the property himself, the owner must prove to the court that he will receive a residence permit. The judge also checks whether the tenant can get another suitable apartment. The owner must prove it. When assessing the term „appropriate“, the judge takes into account, among other things, the tenant`s current living space and financial situation.
The number of family members and their living conditions also matter. If the court intends to terminate the lease, it may set an amount that the landlord must pay to the tenant as a contribution to moving and furnishing expenses. In this case, he will inform both parties in advance of this amount. At the same time, it then specifies a time limit within which the landlord may be able to revoke his termination. It`s not easy to evict your tenant from your home if they take poor care of it. You must prove to the justice of the peace that the maintenance is inferior. Indeed, the justice of the peace can only terminate the lease if he is of the opinion – possibly after a visit to the site – that there is a breach of contract serious enough to justify the dissolution. First and foremost, the principle of the good father means that your tenant maintains his property in the same way that another person would in the same circumstances. This definition is important because it`s not because your tenant doesn`t meet your maintenance standard, it`s not because they`re maintaining your home poorly. Rental damage and (poor) maintenance must be separated from each other. If your tenant causes damage to your home during the rental period, it does not mean that you can have the lease terminated by the justice of the peace.
If you live together as a tenant, one of the two can become the primary tenant, or you can choose to become the two primary tenants. In the latter case, the data will be collected from both of you. If you want to make a claim at the end of the tenancy to recover your tenant`s rent damage, you need to be prepared. In order to be entitled to damages, rental damages must always be determined in a contradictory manner. Concrete? You need to create an inventory that lists all rental damage and that you and your tenant sign. The landlord can cancel the rent if he has an urgent need for the property. Do you disagree with that? Then the owner can go to court. He must then be able to prove the urgency. Your landlord can give you a fixed-term lease 1 time, which can last a maximum of 2 years. This agreement ends on the end date specified in your rental agreement. Your landlord should remind you of this in the right way.
After that, you need to leave the house. Does the landlord want to end your lease sooner? Then you can refuse it. For example, have you been living in the house for more than 1 year? And does your landlord want the lease to end on January 1? Then it must cancel before September 1. This must be done by registered mail. Does your tenant not respect the principle of the good father? So this is not automatically a valid reason to put your tenant in front of the door. Do you want to terminate the lease? Then you should always go through the justices of the peace. The landlord can only terminate the lease for one or more of these five reasons. There is no other reason. Invalide is e.B. a cancellation in order to be able to sell the house without rent (i.e.
short). Although the buyer of a rental property may immediately terminate the rent of the current tenant if the buyer urgently needs the property for his personal use, the court will not grant an application for termination of the rent. The prerequisite for this is that the buyer/owner has terminated the rental agreement only three years after informing the tenant in writing for reasons of urgent personal use who is the new owner. However, the lease may be terminated earlier for one of the other five (legal) reasons. Even after the death of the owner, the heirs must continue the current lease. The reason? The law stipulates that a tenant must return the rental property to the owner at the end of the rental in the same condition as at the beginning of the contract and free from rental damages. This means that any rental damage can only be determined at the end of the rental – when the keys are handed over. .