Search Q&A
Breaking the renting contract
I have a 1 year contract renewed in June 2013 and want to leave the Country. In my contract says:
"Le locataire peut proceder a une résiliation anticipée moyennant le respect d'un préavis de 3 mois et le versement d'une indemnité de relocation équivalant a 3 mois de loyer. Mais si le bien est immédiatement reloue, 1 seul mois d'indemnité de relocation sera du, indépendamment du fait que le locataire partant ait trouve lui-meme un nouveau locataire."
They say I still have to stay the 3 months notice, but then why they put "immédiatement reloue" ? What should I do?
Thanks in advance for your advice!
You're lucky! Most 1-year contracts can not be ended early, and it is exceptional to have a valid "reloué" clause in.
> What should I do?
If you need to move, give notice and move, and hope that it gets re-rented and that you recover 2 months rent.
There are two separate issues here, i.e. the notice period and the penalty for early breaking of the lease.
- the notice period: it is full three calendear months no matter what. So if you give notice today, you are still liable for the rent of November, December and January. Even if you leave the apartment before that you still have to pay the rent.
- the penalty: in addition to the rent you must pay during the notice period, you also must pay a penalty equivalent of three months rent because you are breaking the lease early. IF someone is found to take over the lease immediately after you leave, the penalty is equivalent to the rent of one month.
First you have to give notice you want to quit the apartment. Consider that the resiliation is valid as of the 1st day of the next month you send the letter (so you have 10 days if you want your 3m notice starting on November 1st).
Second you have to account that you might have to pay penalties equal to 3 months your current rent, however if you find a suitable tenants you might have to pay only 1 month equivalent of rent.
However you might need to check if your contract is considered to be in the second year of its existance, in that case you would need to pay only two months penalties in the case you do not find a suitable tenant.
For me this part: "Mais si le bien est immédiatement reloue"
Looks more like "if you find a tenant during the 3-month notice period"
Well, but within Belgium context and how the thinks work here I wouldn't be surprised that "immediately" means after the months period. After all is not so "immediately"...
