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LS91
Leeftijd: 34
Geslacht: 
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Studieomgeving (BA): UM
Berichten: 2
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 Geplaatst: wo 24 jul 2013 13:30 Onderwerp: Cautie inhouden |
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Dear Community, hello,
I joined your forum because I have an issue with my landlady. I hope you can help me with this:
I'm a german student (that's also why I write the following in english) and I rented an apartment in Vaals since Oct. 2011. I handed my termination for 1.7.13 in within the time limit (23.05.13) because I pay the rent monthly, which was affirmed soon after. The handover of the apartment happened on 28.06.13 and no damages were declared, also I was given an estimate on the amount of the service charges I would receive back. My landlady told me I'd get the service charge statement about 2 weeks later - which hasn't happened till now. When I asked her about this she told me the following: "Eerst de Nachmieter, daarna uw afrekening. U heeft leegstand = inkomstenverlies voor de verhuurder veroorzaakt."
I suspect my landlady now to deduct the months without tenant from my security guarantee as well as the payback of the service charge. Is this allowed despite terminating the apartment on due date or am I allowed to persist on the full refunding?
Furthermore, in the contract there are the following conditions: "It was agreed upon that a next tenant is provided on termination" (which didn't happen since she raised the rent to a degree that no student wants to rent it) and "It was agreed upon that the termination can only happen on first of september" (which didn't happen since - as far as I know - isn't permitted if I pay the rent monthly). Are these conditions permitted?
I'm looking forward to your help.
Greetings
LS91 |
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bona fides
Geslacht:
Studieomgeving (BA): UL
Studieomgeving (MA): UL
Berichten: 22911
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| Geplaatst: wo 24 jul 2013 13:54 Onderwerp: Re: Cautie inhouden |
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| LS91 schreef: | | I suspect my landlady now to deduct the months without tenant from my security guarantee as well as the payback of the service charge. Is this allowed despite terminating the apartment on due date or am I allowed to persist on the full refunding? |
That is not allowed. You gave notice in time (hopefully by registered letter) and there were no damages to the apartment, so you should get the full "borgsom" back.
| Quote: | | Furthermore, in the contract there are the following conditions: "It was agreed upon that a next tenant is provided on termination" (which didn't happen since she raised the rent to a degree that no student wants to rent it) |
In my view this clause is void because of art. 7:264 lid 1 BW:
| Quote: | | Elk in verband met de totstandkoming van een huurovereenkomst betreffende woonruimte gemaakt beding, niet de huurprijs betreffende, voorzover daarbij ten behoeve van een der partijen een niet redelijk voordeel wordt overeengekomen, is nietig. |
| Quote: | | and "It was agreed upon that the termination can only happen on first of september" (which didn't happen since - as far as I know - isn't permitted if I pay the rent monthly). Are these conditions permitted? |
Since you started to rent in October 2011, this could be interpreted as meaning that you had a fixed term contract until September 2012 (meaning that you can't terminate the contract during this period). When the fixed term finished, the contract converted by law into a contract for an indeterminate period, meaning that you can terminate the contract at the end of each month provided you give 1 month notice (given that you pay per month).
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Hanc marginis exiguitas non caperet. |
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LS91
Leeftijd: 34
Geslacht:
Sterrenbeeld:
Studieomgeving (BA): UM
Berichten: 2
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| Geplaatst: do 25 jul 2013 12:30 Onderwerp: |
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Hello bona fides,
thank you very much for your quick answer, it was very helpful. I informed my landlady regarding these facts and will await her reaction now.
I handed the termination in per registered letter, yes, and got a written notice of the affirmation. |
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