Renting out a houseboat: Legal tips and advice

Questioner

Good day, I bought a houseboat and would like to rent it out for vacation. The following clause is in the purchase contract: “Buyer is aware and accepts that he is not permitted to use the sold property for the purpose of periodic rental to tourists (short stay) or any other form of commercial exploitation. The buyer is permitted to temporarily rent out the sold property in consultation with the owner of the adjacent houseboat, Mister XXX, during absence due to vacation” Ask: 1) What does in consultation mean? Does that just mean a notification that I am on vacation and will rent to tourists during this period? Or is it waiting for their approval? 2) The owner's wife, who is not even mentioned in the contract, wants us to always pass it on via e-mail and she must first approve the request. Is that allowed? She also says that if we do not receive a response within 24 hours, we should consider it rejected. Is that allowed, to reject without reason? And is the wife allowed to ask something like that, even if the purchase contract only refers to the neighbor? Thanks in advance for a response!

Lawyer

So in the purchase contract it is stipulated that you, the buyer, only rent the ship to tourists with the permission of the neighbors and only during your own vacation? What is stated as a 'penalty' in the purchase contract if you do not comply with this provision, and who passes that on to the seller?

Questioner

Thank you for your response. Consent = in consultation? That is the question here. When I look at the definition of in consultation, there is nothing about approval, but all exchanging information with each other. So how do I know if they have to give consent or I just have to inform them about it? And if they have to give consent, what is if they will always refuse, is that still in consultation? And can they refuse by just not responding and without reason? It also says: As long as Mr. XXX is the owner of the adjacent houseboat, the buyer is obliged in the event of sale within the aforementioned period of 10 years calculated from 30-10-2015, from his legal successor(s) to stipulate that they are also bound by the above-mentioned obligation and that these impose the same obligation on legal successor(s) in the event of sale within the aforementioned 10-year period from 30-10-2015 as long as Mr. XXX is the owner of the adjacent houseboat, such under penalty of a claim directly due and not subject to judicial proceedings by the owner of the adjacent houseboat a fine of €35,000, that is to say thirty-five thousand euros, which can be reduced to a minimum.

Lawyer

I think they mean permission after consultation? There is a chain clause in your contract to do something and not to do something. If you demonstrably do not adhere to the agreement, there is a breach of contract and the fine, which I find absurdly high, can be sanctioned. However, I do wonder whether that fine cannot be considered for mitigation.

Questioner

But it is not laid down how the consultation should take place, via email, verbally etc. So what if one party says we have discussed it verbally but the owner of the houseboat says it was not so? How can someone prove it? And if he means consent after consultation - why is there not a single word with consent in that clause? And what exactly is up with that point? She also says that if we do not receive a response within 24 hours, we should consider it rejected. Is it allowed to automatically reject without reason or response? And is the woman allowed to ask something like that, even if the purchase contract only refers to the neighbor?

Lawyer

To be on the safe side, the consultation can be documented and signed, or recorded. Consent is agreement to rent under the conditions set. Yes, if there is no response, the parties may attach the consequences they have agreed upon.