Tenant eviction law in Netherlands when renting is done via proxy company I live in UK and have recently bought flat in Netherlands, found agent to rent it out and yesterday they told that they have found a tenant and sent me a contract to sign. Turns out that 'tenant' that my agent has found is a company and not a person (which already feels dodgy since we agreed with agent that it will be a person), so I started doing some research. It turns out that this company ('Company X') is company that helps asylum seekers with getting accommodation (which I am happy with as long as I don't have problems to deal with). However having done some (bad) enterprises to day, I got a bit more thorough (paranoid) and one potential possibility I see is that 'Company X' which has very little assets can sign hundreds of lease contracts with lenders like myself. This company places hundreds of asylum seeker families into flats with intention to pay their rents, but with no monetary 'buffer' or due to bad management (or many other potential reasons) fails to make payments. After it fails to make payments in around 2-3 months of non payments this goes to court, then 'Company X' goes bankrupt and gets liquidated in another 3-6 months all the while flat is occupied by non paying tenants that do not have direct obligation to myself but rather to the company that is going bankrupt. Netherlands is a very pro-tenant country so question is: if payments by 'Company X' fail can I start eviction process immediately (like I would normally do with tenants) or do I need to wait for company to get liquidated and only then can start eviction process?
I got and answer from lawyer in Netherlands. To rent out to the company is not without risks. You rent out to the company and the company rents out to the actual user of the apartment. That is subletting. The sub-lessee is protected by law. So when the company fails to pay, you can end the contract with the company (you have to go to court for this), but then you will become the lessor to the actual user (=sub-lessee) then. If you feel that that is against your interests, you have to start a court procedure within half a year to end the contract with the actual user. Also note: it is forbidden to rent out to people that don't have a legal status. So you make sure you trust the company very well if you are going to rent out to them. I recommend to seek help from a real estate agent that is well known and member of NVM or other trustworthy organisation.
The ability to bargain for clauses that are more favorable varies with the type of landlord. Termination clauses are no different in this regard. If the landlord refuses to negotiate/modify early termination clauses, the tenant's subsequent decision to enter the lease evidences that he knowingly and willfully agreed to those terms. The tenant is not allowed to disavow them thereafter. Hence the importance of negotiating the clauses, although rental corporations are unlikely to be any flexible. Unless you find a flexible landlord or manage to arrange alternative housing, entering a standard 12-month lease is a risk you would have to take. Legislation typically requires landlords to mitigate damages in the event of early termination by finding as soon as possible a new tenant. However, in reality it is usually too difficult for a leaving tenant to scrutinize the landlord's efforts of finding a new tenant. The best chances to be able to conduct that scrutiny occur when the matter is brought to court. A landlord could have the incentive to find a new tenant soon if the early termination coincides with certain season. A typical example occurs in college towns, since students need to arrange housing by the time the school year begins.
You cannot evict them immediately. You can, however, decline to renew their lease when it expires if you give proper notice. From this information sheet: In NYC, an owner may refuse to renew a rent stabilized tenant’s lease because the owner has an immediate and compelling need to possess the apartment for use as his or her primary residence or as a primary residence for his or her immediate family. Under the Rent Stabilization Law, an owner may begin an eviction proceeding when the current lease expires, but only after the tenant is given written notice that the lease will not be renewed. This notice must be served at least 90 and not more than 150 days before the current lease term expires. In addition, if the tenant is elderly, is disabled, or has lived in the apartment for more than 15 years, you must provide an equivalent (or superior) apartment to them at the same (or lower) rent in a nearby area. This may be difficult if you only own one unit in a larger building, rather than an entire building. Finally, due to the ongoing COVID situation, the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) allows tenants to submit a hardship declaration to avoid eviction. Such a hardship declaration can be filed if the tenant has experienced financial hardship due to COVID-19 or if moving would present a health risk to the tenant or a member of their family. Note that the above link is out of date; the moratorium was recently extended to January 15, 2022.
If it says "no pets" in the leasehold, then yes, that is enforceable. It doesn't have to be reasonable (in your opinion, or objectively) to be enforceable. Your choices are to either negotiate different leasehold terms, or to find a different leasehold.
on behalf means that the party of the agreement is the landlord, not the property manager. The contract both entitles and obliges the landlord, not the property manager. The property manager is not a party of the contract. So the fact that the property manager is fired completely unrelated to the existing contract. Additionally, in most jurisdictions that I know of, even if the property changed ownership (the landlord sold or gifted it, or the landlord died and it was inherited by someone) the contract would still be in force, as the change of situations would not invalidated the rights and obligations of the other parties.
To begin, it is always legal to request the signing of a contractual arrangement in this type of circumstance; however, it is not your duty to assent to this so long as the original tenant had the right to sublet or take on roommates. Without having signed the new lease, you (all the new tenants not on the lease) would just be tenants-at-will. This occurs when an occupant has rented a premises without a lease but pays rent at a set interval (typically monthly). The agreement for a Tenancy-at-Will may be either written or verbal. Just because a rental agreement is in writing does not make it a lease. Either the landlord or tenant may terminate this arrangement by giving written notice 30 days or one full rental period in advance, whichever is longer. In a situation where you rented from a renter, I would want to have the assent of the landlord, as no reason is required to terminate by either party. This should be done in writing either by certified mail or have the landlord sign it, if you are presenting it in person. If rent is paid the first of each month, notice should be given prior to the first day of the month. Many landlords are fond of tenancies-at-will because they maintain the ability to terminate a rental at any time with only a month's notice, without needing a reason. This is their prerogative for even petty reasons (e.g., they don't like your friends, or the hours you keep). This is especially true with a roommate situation, where the original lessee has a lease and is subletting rooms, because the lessor has someone on the hook for a time certain (the original lessee), but if the roommates get annoying for whatever reason to either the landlord or the lessee, you can be given a 30 day notice for a great many reasons that a lease cannot control and are not viable reasons to evict. A lease is for a duration certain, after which, the renter would either move, sign another lease, or in the case where they stayed on past the end date and continued to pay (and landlord continued to accept) rent, it would just become a tenancy-at-will. In many ways a lease protects the renter just as much as it does the landlord, because moving is expensive and (except in very limited circumstances) the renter is guaranteed being able to keep the rental until the lease ends, so long as they pay rent and do not violate the lease or local statute(s), which would subject them to eviction. This would be beneficial in a roommate situation as it takes the power to give notice or evict away from the original lessee who sublet the rooms. It is important to understand that just because there is a writing does not necessarily mean it is a lease. Many landlords who don't want the time constraint of a lease still like to affirm in writing basic issues like date of rent due, pets, etc. It is just cleaner than a verbal agreement. So, in your hypothetical, the landlord could ask the new renters to (co)sign a new lease, join the existing lease, or just sign a rental agreement as a Tenant-at-Will, even though the tenancy has already begun. The renter is not obligated to sign any writing at this point. However, if the renter refuses and if the landlord insists, the landlord would likely exercise their right to terminate by serving a 30 day notice to quit. Having already taken possession, you would also be in a good position to negotiate the terms, which could be to your benefit, so it is not necessarily a bad thing. Regarding eviction, that would only be an option to the landlord if you failed to vacate if a 30 day notice to quit was issued and you didn't move (or of course, as with any renter, if actions that would always allow the landlord the right to seek eviction occur, like failure to pay rent). I would not be concerned about showing you have a right to be there as you likely had to pay rent to move in and your check is proof that the tenancy began, and other things like having a key, etc., support your position if it ever came to that and you had paid cash. If you do ever pay cash, get a receipt. If, hypothetically, the new renters sign a lease, I would want to make sure it is for the room and not the whole so that liability (at least for rent) is limited if others default.
Short Answer Can an incomplete and unsafe building be rented to a tenant on a commercial lease if the building never received a certificate of occupancy? Yes. Unless your lease says otherwise. Your sole source of legal protections is your lease. Without knowing the detailed provisions of your lease, it is impossible to know. Long Answer The General Rule In commercial leases, to a much greater degree than in residential leases, the principle of buyer beware (a.k.a. caveat emptor) applies. Commercial leases are typically negotiated between sophisticated parties, and if the tenant doesn't want to start paying rent until the certificate of occupancy is issued despite a lease that says otherwise, then that is tough luck and the tenant is bound to the terms of the lease. Commercial leases are generally rented in &quot;as is&quot; condition, sometimes with and sometimes without a tenant finish and improvements allowance from the landlord. Unless otherwise agreed, in a commercial lease, the burden is on the tenant to do &quot;due diligence&quot; including a physical inspection of the property by a professional inspector and independent review of the zoning status of the property to confirm that the tenant's business is allowed to operate at that location, much as a buyer of real estate would. If the tenant identifies an objection during the due diligence period set forth in the lease or contract to enter into a lease with the tenant, then the tenant can choose to get out of the lease obligation. But, there is only a due diligence condition if the tenant bargains for it. The lease allocates responsibility to maintain the building in good repair and may allocated this responsibility to the landlord or the the tenant. In one of the most common types of commercial leases, called a triple net lease, virtually all maintenance obligations are the tenant's responsibility: The triple net absolves the landlord of the most risk of any net lease. Even the costs of structural maintenance and repairs must be paid by the tenant in addition to rent, property taxes and insurance premiums. Some firms, such as WeWork build their entire business model around entering into the &quot;as is&quot;, triple net commercial leases with landlords that are the norm, and then subletting the properties to smaller businesses on a furnished, all maintenance and building services provided, gross lease basis. Many states have statutory or common law implied warranties of habitability in the case of residential leases that require that a certificate of occupancy be in place and that other conditions be met by the landlord: An implied warranty of habitability is a warranty implied by law in all residential leases [ed. in states that have such a warranty] that the premises are fit and habitable for human habitation and that the premises will remain fit and habitable throughout the duration of the lease. New Mexico, in particular, has many statutory protections for residential tenants (statutes found here). But, almost none of these protections extend to commercial leases in New Mexico, because commercial leases are not leases of dwelling units, as defined in the relevant statutes. Note that not every state even has an implied warranty of habitability for residential tenancies. Colorado did not have one until the early 2000s, and it had only very weak protections for tenants regarding habitability until the current decade. Before then, in Colorado, a defective or unsafe condition of the premises was not a defense to paying rent under either a commercial or a residential lease in the state. In theory, a county or municipal government could impose a habitability requirement on commercial leases. But, this is very uncommon because, as the examples below illustrate, there are circumstances where it is sensible, even in a fair deal, to place the burden of making property subject to a commercial lease habitable. Examples Of Situations Where This Would Not Be Required In A Fair Deal Most commercial tenants insist upon terms that say that the obligation to pay rent starts when a certificate of occupancy is issued and the tenant is allowed to take possession of the premises. But, there would certainly be some times when a commercial tenant would pay rent on property that does not yet have a certificate of occupancy. For example, in what is called a &quot;pad rental&quot;, a business rents a basically vacant lot with only a concrete foundation and utility hookups and zoning approvals in place, and then the tenant builds a shop or office building on the pad. See, e.g., this commercial lease offer on Loopnet, a major internet site for listing property available to be leased by businesses: ABOUT 4900-5100 N WICKHAM RD , MELBOURNE, FL 32940 Rental Rate $3.79 /SF/Yr Listing ID: 15146692 Date Created: 2/11/2019 Last Updated: 3/19/2019 1 LOT AVAILABLE - Rental Rate $3.79 /SF/Yr Lease Term 20 Years Service Type To Be Determined Date Available Now Space Type Relet Lot Size 0.69 AC DESCRIPTION Pad ready site with all utilities, parking field, ingress/egress, retention, and site lighting IN. Join Goodwill, Einstein's Bagel, Verizon, Twins Car Wash, Wickham Road Music, and Nail Salon in this 100% leased new retail center. HIGHLIGHTS Pad ready site. In a commercial pad lease, typically, a tenant would start paying rent immediately and the length of time needed to get the tenant's shop built and approved for occupancy by local government officials is their problem. But, even then, the terms would depend on what was negotiated between the landlord and the tenant which would depend to a great extent on how hot the local commercial real estate market was and on the other terms. A landlord will usually offer more favorable terms (such as a provision stating that rent is not owed until a certificate of occupancy is issued) in a weak rental market, but may also decide to have very tough lease terms with a somewhat lower monthly or annual rental rate. Also, as in the example above, conditioning rent payment on occupancy or availability for occupancy, is less common in a very long term lease such as the twenty year lease being offered for the pad rental above. Something very similar is done in an existing building that requires tenant finish. At one extreme, the landlord will do tenant finish to the tenant's specifications at the landlord's expense and the tenant will only start to pay rent when the tenant takes occupancy. At the other extreme, the tenant will start paying rent immediately and do the tenant finish at the tenant's sole expense. In between, the tenant may do the tenant's own tenant finish pursuant to landlord approved plans, with the landlord contributing a tenant finish allowance that will often be less than the full anticipated cost of tenant finish work, and the rent will be reduced or waived for a set period of time which may be less than the actual or anticipated time that it takes to complete the tenant finish. This gives the tenant an incentive to not waste tenant finish dollars and to push the contractors doing the work to finish as soon as possible. In yet another example, it wouldn't be terribly uncommon for a landlord to rent a commercial space that is already occupied by squatters, or holdover tenants, to a new tenant on a triple net basis. In a lease like that, the tenant is responsible for evicting the current occupants, rather than the landlord. The promise that the leased property won't be occupied by someone else when the lease commences is called the &quot;covenant of quiet enjoyment&quot; (which is &quot;a covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.&quot;). This provision is often, but not always, included in a commercial lease, although often, courts will imply in law a covenant of quiet enjoyment into even a commercial lease, in the absence of express language in the lease stating that the covenant of quiet enjoyment is not intended to be included in the lease. Conclusion It all boils down to the terms of the lease and a reasonable construction of the relevant lease terms. The fact that there is such a thin amount of legal protection from unfair lease terms is one of the reasons that most commercial tenants hire an attorney to help them negotiate the terms of a commercial lease, in addition to, or instead of, a commercial real estate broker. Footnote: Why Is Commercial Lease Law So Harsh? The duties of a commercial tenant are much closer to, and in some cases, almost identical to, those of an owner of real property and are not infrequently for long terms such as twenty, or even ninety-nine years. Why would a landlord and tenant enter into a commercial lease in these situations, rather than having the prospective tenant simply by the property subject to a mortgage? A lot of this is tax driven. Many businesses would purchase their buildings rather than lease them if taxes were not a consideration and the commercial lease is basically a tax favored alternative to a mortgage payment. When the commercial landlord is a mortgage lender in all but name, and a commercial tenant is a building owner in all but name, it makes sense to place the legal maintenance responsibilities of a building owner on the commercial tenant. A business can deduct every dollar paid in rent from its revenues when determining its taxable income, even the portion economically attributable to land value and depreciation in the structure of the building, as it is paid. But, if the business finances the purchase of the property with a mortgage, the business can deduct the interest paid, but not the principal payments. Depreciation of improvements on real estate (for most of recent U.S. tax history, over a straight line 39.5 year depreciation period) can counterbalance some of the principal payments, although often more slowly than the principal payments are actually made. Also, if depreciation deductions wipe out too much of the business's income, those depreciation deductions are disallowed or deferred. Furthermore, the portion of the purchase price of property attributed to land value can't be depreciated at all. In many cases, this quirk of the tax law is addressed with a business structure in which: (1) a non-profit that doesn't care about the tax treatment of its income leases the land to (2) another business that builds a multi-tenant building on the property which it owns even though it doesn't own the land the building is built upon, subject to a mortgage with a long amortization period similar to the depreciation period for the building, which in turn is (3) leased to businesses that actually used the multi-tenant building by the building owner. Second Footnote On Rent Control and Cooperative Apartments Even further afield, in places like New York City that have rent control, residential tenants become more economically equivalent to apartment owners, and residential landlords become more economically equivalent to a combined mortgage lenders and home owner's association. There was a strong demand for rent control in New York City at the time that rent control was adopted, because economic necessity meant that mostly people needed to live in one unit of a multi-unit apartment building, but the legal concept of ownership of one unit within a larger apartment building that is now commonly called a &quot;condominium&quot; in the United States, did not exist. So, there were a lot of renters in New York City who very much wanted to be de facto apartment owners who didn't have the legal tools available at the time to achieve this goal. The other work around which was used in the Northeast before the condominium was invented was a &quot;cooperative apartment&quot;, in which all of the residents of a particular apartment building owned the entire building and were jointly and severally liable on the mortgage on the building, but then were allocated a unit within the building in exchange for economic obligations to the cooperative association that managed the building on a not for profit basis for its owners.
How should I proceed? I am asking law friends to recommend some employment lawyers, but other than this, can I do anything else? You definitely don't need an employment lawyer for this. From a legal standpoint, the matter is very simple: If you grant their request (whether by signing or otherwise expressing your acceptance), you would be waiving any remedies currently available to you for their breach of contract. The company's attempt to override its contract with you is quite naive, but the company can always (and evidently does) try to get away with its liability nonetheless. I would not be surprised if the company subsequently tries harder to intimidate you, but that does not change your legal position &amp; merits unless you sign the waiver the company is pursuing. Asking for your post-termination availability reinforces the notion of company's poor planning and subpar management.