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Afdrukken Rechtenforum.nl -> Civiel recht |
Geplaatst: ma 09 feb 2015 22:27—
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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 |
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