Rental Agreement and Notice Period: What to Do?

Questioner

My daughter recently rented a space in an existing rental property. No contract has been signed yet, because the first example contract stated a minimum term of 6 months. My daughter did not want this provision in it, because the rent was above her budget. She also indicated this to the landlord, who understood and promised to draw up a new contract in which this provision would be removed. In that same contract there was a notice period of 1 month. As it happens, my daughter found another room at very short notice that fits her budget much better and is in a better location. The question now is whether my daughter owes the rent for the coming month or whether she can make do with the current month. Again, there is no signed contract!

Lawyer

There is no signed contract yet, but there is a tenancy agreement for an indefinite period with a notice period of one month. There is therefore a problem of proof for the landlord, but realize that e-mail and WhatsApp also count as proof. In any case, the landlord could claim a maximum of one month if your daughter gives notice in time, otherwise two. He may claim this if he can demonstrate that the space has not been rented out again. So there really must be damage. If your daughter gives notice, in whatever way, she confirms the existence of a tenancy agreement. See the problem here. The question is whether the landlord will go so far as to claim damages, if necessary by collection or summons, I don't think so.