The termination of a lease by the landlord is possible even for contracts of unlimited duration. In order to protect landlords and tenants, the law stipulates the conditions to be respected so that the end of the tenancy is as fair as possible. Explanations:
When can the landlord terminate the tenancy agreement?
The lease termination can be done by the landlord with a minimum of three months’ notice, which will give the tenant enough time to find another accommodation. This notice must be mentioned in the original tenancy agreement.
There can be many reasons for termination:
- In case of non-payment of rent and charges
- Disregard for neighbours
- The landlord needs the property as a principal residence
Lease termination in case of non-payment of rent and charges
Before terminating the lease, the landlord must send a registered letter to the tenant with the amount due and a one-month notice period. If the amount is not paid within this period, the landlord is entitled to terminate the lease with three months’ notice. In the case of small amounts, the landlord should always use common sense and try to reach an amicable agreement before sending a registered letter.
Disregard for neighbours
Persistent noise by a tenant in the building can be grounds for termination of the contract if it prevents other tenants in the building from living properly. In this case, the landlord should make sure that this is a problem with several tenants and not just one tenant: it would be too easy to terminate the lease based on the statements of one person.
The landlord should first inform the tenant in writing of the noise nuisance and offer rest times. If the problem persists despite the warning, the landlord may decide to terminate the lease.
The landlord needs the property as a principal residence
If there is a good reason, the landlord can reclaim the property to live in. For example, if the property is on the ground floor and the landlord is currently living in a third floor property without a lift and now has difficulty moving around, this is a legitimate reason to terminate the lease.
The tenant has the right to know the reason for the termination. If the reason is considered unfair, the tenant can contest the termination with the conciliation authority. If the termination of the tenancy agreement leads to financial difficulties for the tenant or difficulties in finding accommodation, the tenant can request an extension of time from the conciliation authority.
When is termination considered unfair?
A termination is unfair if the reason for termination is contrary to the sense of justice and values recognised by society.
The following reasons are considered abusive:
- A change in the tenant’s family situation
- The purpose of the termination is to increase the rent with the future new tenant
- The purpose of the termination is to push the tenant to buy the property
- For any reason related to the tenant’s gender, ethnicity, sexual orientation, religion, etc.
