Legal advice in rental disputes

Questioner

I have rented a holiday home as a bridging measure, the rental contract has been agreed for an indefinite period. That is to say, after having to rent for a minimum of 3 months (from 1 May), the rent will be continued monthly. It is now the beginning of October and I am in month 6. Almost immediately from the start, some things happened for which I hold the landlord liable and I also informed him of this. This concerns, among other things, frequent entry to the property and the furniture that was not in accordance with expectations and the shutters that were broken. The landlord was aware of these things but did not mention them. A delivery report was not necessary, it was a matter of trust according to the man. There was no time to inspect the house when the keys were handed over, because he had to go to an appointment quickly. Afterwards, it turned out that the lease agreement also contained illegal matters, such as withholding commuter tax and landlord's share of the property tax. Two matters that are unthinkable. Commuter tax, for example, is a matter between the government and a resident and not between a landlord and a resident. Things have gone from bad to worse in the meantime, the latest messages from the landlord are that I deliberately wanted to defraud him and that according to him several residents of the park do not consider me mentally well. So I have a serious conflict with this landlord and he has terminated the lease as of December 31st. In accordance with the law I have answered him that I do not agree. And that he should therefore go to the subdistrict court. The last message was that the lease has now been terminated as of October 31, which is also the last day of the lease. It is true that a clause has been included in the lease agreement regarding extrajudicial termination. In my opinion, that may have been possible in the past, but nowadays a landlord must always turn to the subdistrict court to have the lease terminated. Also, the tenant himself could not proceed to eviction without an eviction order? In short, a worrying matter and I would prefer to leave. However, I am bound by the offer and that is not there at the moment and of course October 31st is fast approaching. Please give your feedback/advice

Lawyer

The lease must be terminated in accordance with the law and the statutory termination options. There are only a few of them and it must always be done via the subdistrict court with a contract of indefinite duration.

Questioner

The situation is as follows: The landlord has terminated the lease as of December 31, reason: default, a payment deficit of 445 once as a settlement for defects and lack of enjoyment of living To this end, he terminated the lease and stated that he would have to charge a 10% penalty per day on the outstanding amount. To this end, I informed him that I would put the rent for October in reserve, available upon first request of the subdistrict court. Why? Because this landlord will never give me back my deposit of 1 month's rent upon termination at any time. In accordance with the law of obligations, I can make use of the right of suspension on the basis of the uncertainty clause, which means that it may be feared that the other party will not meet its obligations in the future. I also stated that the rent will be paid again as of November. The landlord then stated that he would terminate the lease agreement extrajudicially and that the last rental day would be October 31.

Lawyer

Please send me the rental contract after you have made direct contact. I can then help you further and give you specific advice.