Tenancy law and your rights: What to do in case of forced relocation?


Questioner

Ir/Madam, Recently, the building, where I live in one of the eight apartments, was purchased by a real estate developer. The building was for sale for almost 3 years and during that time was owned by a trustee who had the building managed by a management company. I pay my monthly rent to this management company. The property was sold to the developer by the real estate agent without a tenant/resident. And this while I still live in the property and pay monthly rent! Neither the real estate agent nor the manager informed me of the sale. So the developer suddenly appeared at my door and told me that I had to leave the property in the short term. The developer wants to start a major renovation in the short term. According to him, it is not an option for me to continue living there. The developer has made me a proposal. Namely that only after I have terminated my lease, he wants to look within his contacts for a replacement and comparable living space. He has people and a van for the move. He might want to add €100 per month if the rent in the new apartment would be higher. If I do not agree to this, he will simply start the renovation and I will have to live with the consequences. For me, there are actually only disadvantages to this: - I am being forced to terminate my lease and move. - This move is going to cost me a lot of time and effort. Time that I had not planned for this. - I have absolutely no guarantee of comparable living space. Certainly not given the tightness of the housing market in my rental sector. What would be your advice in this case? I have absolutely no desire to go through a time-consuming and potentially expensive lawsuit. But I do have the idea that I am in my tenancy law here and that the current proposal is particularly unfavorable to me. Yours sincerely

Lawyer

You enjoy rent protection. I cannot advise you to agree to the proposal, because this proposal does not do any justice to your existing rights. Renovation can be a reason to terminate the lease. However, in this case the owner has just become the owner and there is a term of three years before he can appeal to 'urgent personal use' (which renovation falls under by law). So you have a very good negotiating position and are not obliged to leave.

Lawyer

You do not have to agree to the renovation and therefore do not have to move, this will only happen if 70% of the tenants agree. But I understand that the complex was sold without residents. The proposal is very moderate and unreasonable, while a higher moving costs compensation should be appropriate. If you do not agree with the proposal, you can still consider going to court. However, I advise you to first come to an agreement with the developer.

Questioner

Thank you very much for the advice! I will of course want to reach an agreement with the developer. Apparently, according to the central government, I am also allowed to refuse the offer of the new owner and ask for a minimum moving costs compensation (https://www.rijksoverheid.nl/onderwerpen/huurwoning/vraag-en-antwoord/wanneer-heb-ik-recht-op-verhuiskostenvergoeding).

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