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Rental law

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What can we help with?
  • Commercial lease
  • Residential rental
  • Common rental (office premises / garages etc.)
  • Leasing
  • Commercial lease termination
  • Commercial lease agreement
  • Commercial lease renewal

Rental law

At Bannister, we have extensive practical experience in commercial leases, residential leases and common rentals (such as office spaces, warehouses or garages). We advise and assist clients with problems such as rent arrears, damage to the property, refusal to evict, or ambiguity over a notice or renewal procedure.

 

Landlords can come to us for legal assistance in terminating a lease, enforcing a notice period, refusing to renew a commercial lease or obtaining an eviction notice. We also intervene in disputes over indexation or the allocation of costs and repairs.

 

We seek an amicable solution whenever possible, but are familiar with proceedings before the justice of the peace if necessary. Our approach aims to settle any tenancy dispute correctly and efficiently.

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How do legal proceedings proceed in case of tenant default?

When a tenant fails to pay their rent, we follow the following process to resolve the dispute:

01
Analysis of the dispute
We examine the reason for non-payment. Is the payment withheld for legitimate reasons (e.g. defects in the property), or is it a mere delay in payment? We advise you on the validity of the situation and the best approach, such as a formal notice of default or another solution.
02
Bringing in the Justice of the Peace
If the tenant does not pay and the situation cannot be resolved through consultation, the justice of the peace is called in. The case is submitted to him, and he will judge whether the tenant is actually in default and whether steps should be taken.
03
Judgment and payment period
If the court decides that the tenant must vacate the premises, the judgment is served on the tenant. The tenant is given a deadline to vacate the premises voluntarily. If the tenant fails to do so, the case can proceed to the next step.
04
Execution of judgment
If the tenant does not leave voluntarily, a bailiff is called in to enforce the judgment. The bailiff, with the help of the police and a locksmith, can evict the tenant from the property, which involves additional costs and time delays.

Frequently asked questions

What are my rights as a landlord if a tenant fails to pay their rent?

As a landlord, you have several steps you can take when a tenant fails to pay their rent. The first step is to give the tenant a formal notice in which you urge him to still make the payment. If the tenant remains in default, legal proceedings can be initiated to enforce payment before the justice of the peace.

What is the difference between a normal rent deposit and a first demand rent deposit?

A normal rental guarantee will be returned at the end of the lease, after deduction of any charges. In the event of a rental guarantee at first request the landlord can claim the full amount immediately without the intervention of a court, e.g. in case of non-payment or damage.

What obligations do I have as a landlord regarding maintenance and repairs in the rented space?

As a landlord, you are obliged to keep the rented space in a appropriate state of maintenance and habitability, according to the terms of the lease. This means you are responsible for major repairs needed to keep the property in good condition (such as structural works or the replacements of worn-out installations). Minor maintenance, such as replacing a lamp or repairing a tap, is usually the tenant's responsibility, unless otherwise agreed in the lease.

When should I apply for a trade lease renewal and what can the landlord do if I forget?

A commercial lease renewal should usually at least 18 months before the expiry of the current commercial lease must be requested in writing. If you request the renewal too late, the contract will in principle come to an end by the predetermined end date. In that case, the landlord can give the tenant Force to leave the premises.

What if the tenant does not allow me to do works on my property?

As a landlord, you have the right to make necessary work to the property, especially when it comes to maintenance or repairs necessary to keep the premises in good condition. The tenant is obliged to allow access unless it causes an unreasonable nuisance. It is important to make prior written agreements making about the timing and nature of the works so that the tenant can plan adequately. If the tenant continues to resist, you can give them dunning and, if necessary, take legal action to gain access to carry out the works. This can be done through a legal proceeding to enforce access.

My tenant is causing a nuisance towards the other owners in the building, what can I do about it?

As a landlord, you are responsible for your tenant's behaviour, especially if the tenant is nuisance for other owners in the building. The first step is to make the tenant give written notice to stop the nuisance. If this has no effect, you can go through the court bring an action to force the tenant to end the nuisance. In serious cases, you can terminate the rental agreement decompose to evict the tenant from the property, depending on the situation and the provisions in the lease. Always ensure that your tenant receives the rules of co-ownership at the start of the tenancy so that the provisions contained therein can also be enforced against him.

I want to sell my property but the tenant is still in it, now what?

If you sell a property while the tenant is still in it, the lease will basically go into effect over to the new owner. The tenant will retain his rights and the new owner will be bound by the existing lease. This includes the rent, rental terms and the duration of the lease. If you sell the property want to sell early, you can make arrangements in the lease agreement for the possibility of renting terminate on sale, provided this is contractual and to the extent legally possible. In residential leases, this is strictly regulated. In commercial leases, however, an eviction clause is accepted.

What should I do if my customer disputes the invoice?

If your customer disputes the invoice, it is important to respond quickly and correctly. As a business owner, you are obliged to respond to a dispute. Failure to do so may be considered by the court as tacit acceptance of the dispute.

When should I use a lawyer when recovering unpaid invoices?

It is important not to wait too long before engaging a lawyer when your client fails to pay the invoice. When it comes to a disputed invoice, it may be necessary to seek legal advice to determine the appropriate steps and discuss what can and cannot be answered. It is essential to put the right things in writing in the early stages, such as a notice of default, in which you make it clear that you disagree with the dispute.

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