Huurrecht / opzegging

[Joerg]

Hello,

I've got a question concerning the "huurrecht":

My daughter studies in Aken but as she couldn't find a room near the university she decided to take a room in a shared flat in Vaals.

She rents the room since August 2013. For personal reasons she now would like to move out. Concerning the period of tenancy the lease contract says:

"Student's rooms in Aken effectively only are changed at the 1st September; therefore tenant and lessor agree that - if the tenant wants to move out to take another appartement or room in the Aken/Heerlen/Maastricht/Eupen area or it's surroundings - he only can do that at the 1st Septempber of the actual year. The reason ist that during the semester there are almost no students who are searching a room, what might cause vacancy. This would cause higher service costs for the remaining members of the flat share even though they spend time and effords searching a new tenant."

Is this legitimate? In an English translation of the durch cicil law I (Dutch Civil Code, Article 7:271) I found the following:

"- 5. In terminating the lease agreement the following time periods must be observed:
a. if the lessee terminates the agreement: a term of notice that is as long as the period between two succeeding rent payment days set under the lease agreement, yet not shorter than a month and not longer than three months; "

So the question is: can my daugther terminate the lease contract within the period mentioned above or does she really have to wait until September?

Can someone help us?

Thanks a lot!

Joerg