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Public housing is governed by other rules. Recent case law has established that a termination of a public lease of public housing with a period of only one month would be oppressive and unconstitutional. This does not mean that a landlord can withhold a security deposit, force the tenant to pay the rent for the rest of the lease or charge exorbitant cancellation fees. This is not necessarily the right approach. Regulation 5 explicitly takes into account the parameters of “relevance” in this regard and lists a number of notable factors, including: the length of the consumer notice period; The appropriate length of time for the lessor to obtain a new tenant; and the general practice of the industry. Looking at the factors holistically, it is clear that between one and two months` rent would amount to an appropriate penalty, as well as all other claims and rent arrears incurred during the lease. The rent for these 20 days must be paid by the tenant; and they have to pay the same thing; if necessary, to the owner for this period. This is not an offence. Let`s start with rentals governed by section 14 of the Consumer Protection Act; these are fixed-term leases if a natural person is involved in the transaction, it may be either the lessor or the tenant. In these contracts, the tenant would have the right to terminate in writing the tenancy agreement with the landlord`s letter for 20 working days, but the landlord has the right to demand an appropriate withdrawal sentence from the tenant. The appropriate penalty would be an amount agreed upon by the parties under the lease, or if the lease is silent on this subject, the lessor will have a claim on the tenant because of the actual damage (financial loss) of the lessor, provided that he can prove that he tried to mitigate as much as possible his injury.

The text of the letters is extremely important. If z.B. the content of the letter of formal notice is vague and does not take into account the consequences, this may be considered insufficient. The letter of requirement must indicate the exact amount owed, the period during which the tenant must make the payment, as well as the fact that. B, in the event of non-payment, the tenancy agreement is terminated, the tenant may be blacklisted and/or the tenant may be sued in case of delay and/or damages. The threat of the broad term “legal act” is not sufficient to terminate the lease. The letter of credence must also be addressed to everyone (as for the co-tenants, they are jointly responsible for the payments due in the tenancy agreement). Imagine that it was weeks or even months, and the tenant did not pay the rent. The landlord continues to follow with the tenant regarding payment and payment requests are usually fulfilled with an apology and empty promises that payment will be made “next week”.” Compassion and hope drive the landlord to give the tenant more time to pay. But over time, the promises won`t happen.

During this period, the debt continues to increase, municipal accounts flow and mortgages mature. The bad situation has worsened and the need for urgent action is of the utmost importance. However, the eviction process is not the quickest remedy and it takes time, which is now lost due to all the various outrages made available to the tenant. Instead, we propose that the landlord act until the 7th day of the rent due and unpaid by immediately sending a letter of formal notice (in writing) as soon as necessary. If the tenancy agreement does not contain a clause prohibiting the tenant from using a history of inconductions to compel the lessor to further inconductions in the future, the lessor could end up in a cucumber if he tries to impose payment in a shorter period of time than the previously authorized.

FWDMOVEMENT