Cancellation the contract due to job more than 100km away

MariyaMedv
Topic Starter
Berichten: 2

Cancellation the contract due to job more than 100km away

#1 , 30 sep 2012 12:47

I rented a flat with minimum term of rent one year.
Before doing it I asked the agent can I cancel the contract without additional payments if I get a job far away. The agent told me that according to general law I can do so if I let the landlord know more than two month in advance (the reply and the queistion itself was only in oral form).
Then I let know to the landlord then I am moving out as I found a job far away (more than 400km), but somehow he told me that the law would be valid only if the special point would be in the contract.
Could someone tell how to proceed in such situation (the renting agent who gave me the information first has only answering machine now and does not reply on mail)

Winston
Juridisch actief: Ja
Regio: België

Een juridische oplossing. Voor elk probleem, voor iedereen!

Benieuwd naar jouw juridische opties? Winston begeleidt jou aan de geschikte oplossing. Klik hier om jouw situatie te beschrijven en we nemen binnen de 24 uur met jou contact op voor persoonlijke begeleiding
Vandebos
Berichten: 16087

#2 , 30 sep 2012 16:41

- Who is quoted as lessor in the contract, the landlord or the agent? It is with him that you have to deal.

- Did you send the cancellation by recorded letter? When did you send it?

MariyaMedv
Topic Starter
Berichten: 2

#3 , 30 sep 2012 18:04

- I sent an email to the landlord and he works in that agency from where I rented the flat. But he was not an agent who rented me the appartmenet. The e-mail was from 22nd of June.

- The lessor is the landlord according to the contract.

Reclame

Vandebos
Berichten: 16087

#4 , 30 sep 2012 21:02

Normally in Belgian a standard period of notice for a rental contract is given three months in advance and starts on the first of month after the cancellation was given.
Besides the correct duration of the period of notion you have to take the issue of recompense into account aswell. Termination of a contract during the first year in general carries a compensation of three months rent.

However for short term leases a cancellation or recompense is not provided for in the legislation, all depends then on the clauses incorporated in the lease itself.

If your contract does not contain such a clause the only option left open for you is a verdict from the justice of the peace that states that the cancellation is due to circumstances beyond your control. (your employer who moves to another country for instance)

Xastheron
Berichten: 719

#5 , 01 okt 2012 10:22

From what I read in the Topic Starter's original post, (s)he himself/herself accepted a job and was not sent to a far away location by his current employer.

Vandebos
Berichten: 16087

#6 , 01 okt 2012 12:15

Which is why I put the reason between brackets.

Terug naar “Huren”