Search Q&A
rental agreement and rights etc of notice
Hi all, just a quick of the cuff q here-
landlord has told us that he may want us out so our q is how much notice does he legally have to give us? Been living here for 7 years so clearly there must be a certain amount of time for period of years, ie rental agreement of 3 then 6 years then 9 years. Will naturally check the contract when i get home tonight to be sure!!! Thanks !!!!!
He has to give at least 6 months notice.
http://www.belgium.be/fr/logement/location/bail/duree_et_fin_du_bail/res...
He has to give at least 6 months notice or refund 6 months rent in lieu or any combination of the two - 3 months notice and 3 months rent refund.
However, there are strict circumstances under which he can get you out - principally if he wants to move himself or a close family member into the place or if he wants to carry out major structural repairs which cannot practically be done whilst the place is occupied.
your answer is probably written in the contract but if not mentioned he cannot do it on the 7th year unless it matches certain conditions:
In the event of a lease of nine years, the landlord may terminate the lease, in accordance with the conditions laid down in Article 3 of the Civil Code section titled " special rules for leases on the principal residence of the Tenant without prejudice to the parties to agree to exclude or limit this right of early termination :
- At any time by giving six months leave in advance if they intend to occupy the property personally and effectively or to occupy it in the same way by his descendants , his adopted children , ascendants his spouse, descendants , ascendants and adoptive children of it , its collateral and collateral spouse to the third degree ;
- The expiry of the first and second triennium , giving leave to six months in advance if they intend to reconstruct , transform or renovate the building in whole or in part , but in order to ensure the proper conduct of the landlord several units in the same building may at any time terminate several leases for a leave of six months, provided that the lease is not terminated during the first year ;
- The expiry of the first and second triennium , giving leave to six months in advance, without cause, but subject to payment of compensation.
For its part, the Lessee may terminate the lease at any time upon three months' leave , and payment of compensation equal to three months , two months or one month's rent depending on whether the lease expires in the 1st , the 2nd or 3rd year. After the two-month period established by law for the registration of a lease assigned exclusively to housing, and as long as this agreement is not registered, so this period of leave that compensation will not apply .
If the Landlord uses his right of early termination , the Lessee may also at any time terminate the lease by one month leave without pay.
Remember that as a tenant YOU are entitled to check that these rules are respected. For instance you can request proof that a member of the family actually lives there, or request copies of the devis or pictures with executions of works. And if you catch him hands down he has to pay several months of rent compensation.
If unsure of these conditions check with a tenant association (available in the section "Guides" of this website)
