Owner asking for vacating house during Lockdown

Dear all,

I stay in an apartment rented thru BBF. Today BBF informed me to vacate the house by next 2 weeks because owner has sold the apartment . In my rental agreement I have currently month on month basis renewal.

Is this something justified during lockdown ? Can I seek any legal help in this regard (obviously I want to avoid going out search/seek another house during this crisis period and nation wide lockdown, specially since I am living with wife and kids) ?

Thank you for any help in this regard.

regards,
Soumen Banerjee

Hi,

Unfortunately, the current situation does not prevent an owner from selling his property.  Now if you think his intentions are not being honest.  Take advice from a lawyer.

hmmm you're telling us that you've a month on month basis renewal, that's a bit strange... Is that an airbnb or something like that??? I don't know BBF :/
I guess he refuse to renew the rental lease that should have been done in 2 weeks, right?

Keep in mind that eviction of a tenant is impossible during the lockdown and will not be executed (until the end of the lockdown).
No visit can be done, so you can't find another place to live ==> force majeure.
I agree with Phipiemar, you should contact a lawyer...






For global knowledge to future readers:

In case of "normal" rental lease: 9 years.

If your loan is registered (which is mandatory): your loan can't be canceled only because the owner just sold the house/apartment.
Even if it is written in the contract that you've signed: this clause will not apply.
The current lease continues, it's just a new landlord!
If the new owner want you to move because he want to live there, you'll have 6 months to find another place to live AND he must live there for at least 2 years or indemnities are paid to the tenant who has been evicted...

If your loan is not registered: it will depend since when you're in the apartment.
If you're there since less than 6 months: your loan contract can be set to void and you can be evicted immediately.
If you're there since 6 months or more AND the accommodation is in Brussels: the new owner will have to give you 6 months to leave.
If you're there since 6 months or more AND the accommodation is in Wallonia: the new owner will have to give you 3 months to leave.


In case of "short" rental lease: no more than 3 years and no minimum duration.
The rental lease can be renewed (any number of time) as long as you don't exceed the 3 years.
In that case, the tenant or the landlord have both the right to cancel the lease before the due end, and you have 3 months to leave.

hmmm you're telling us that you've a month on month basis renewal, that's a bit strange... Is that an airbnb or something like that??? I don't know BBF :/
I guess he refuse to renew the rental lease that should have been done in 2 weeks, right?

-- I had initial contract for 6 months, after that every month my contract renews, means if I do not want to continue, I can inform 1 month in advance. Ita not air-bnb, its a serviced aartment (BBF ).

My agency (BBF) is giving me other options to shift to a different flat in the same area where I stay but he says, you have to vacate this house by 30th April, because owner has sold the flat and you cannot continue after April 30th.

But I am concerned about going out in this lockdown(even if the next flat is is just 200 mts away) with my wife and kids . I am trying all possible measures to not go out of the apartment in this current situation.

Dear Soumen,

have you sold your housing issue ?

Kins regards

Eric

I mean "solved" your housing issue ?

Hi ,
I am in a similar position. My landlord also sold the appartment and the new owner wants to live himself in the appartment. He sent me a letter requesting me to move from appartment in 6 months. I didn't check the law but as far as I heard, the owner must give at least 6 months for leave and after 6 months he may go to court for a final decision. So, if it is evident that you can't find another place, the owner has to wait for the decision of court. He mentioned in his letter about the law "Conformement au paragraphe 2 de l article 3 de la loi du 20 fevrier 1991 qui prevoit a tout moment, cette faculte de resiliation pour occupation personelle. Conformement au paragraphe 9 de l article 3 de la loi du 20 fevrier 1991 le delai de prevais de 6 mois minimum commence a courir le 1 janvier 2020 ...."
But my contract was for a longer period for 6 or 9 years.
Anyway, I dont think that he has the right to put you out during these corona crisis. I also tried to rent a house but nearly all the estate agengies didn't accept to see a house or make a contract because it is forbidden during this period.

I wish the best for you.

It's exactly as I said in my previous post.
In case the accomodation is sold, it's just a matter of a new landlord.

One of the only way to "cancel" the current lease, is that he, or someone of his closed family, decide to reside in the accomodation.
In that case, the law is pretty clear: you have 6 months to find another place to live at the moment you'll be noticed.


True, you can't be evicted during the lock down.
But pay attention that you'll have to leave immediately after the end of the lock down if the lease contract has "expired", or you'll have to go in front of a judge sooner or later (and will have to pay compensation + court costs...).
It doesn't matter if you've found a new accommodation or not...

It's way better to keep friendly relationship with your landlord and try to find an acceptable agreement for both side and set a "new" departure date... especially in the current covid situation. :cheers:

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