we sent my papers to somebody more expert to check better

Better than online help of Pim's forum? You must be kidding...

In fact, if he tries to put you out of the appartment, he can do that only by force.

If he put you out of your appartment, you'll be able to ask for a BIG indemnity. (6 months, 9 months or 18 months of rent, I don't know... My best guess is 9 months+expenses)

You have to put up proofs of the situation. Writen proofs. Letters. Registered letters. Showing that you don't accept the situation...

Anyway, don't stress. It's no use. The guy obviously don't know the law. And the law is on your side.

You don't need to worry about that. Have some sleep and contact the Legal Hotline tomorrow.

And, last but not least, I would be grateful to have the end of the story. Don't forget to come back...

Update: I haven't called Legal Hotline today, but I went to Human Resources in my company. Actually, they told me that it should be a 9 year contract now (like you said), but we sent my papers to somebody more expert to check better.

Then we called togheter the owner to try to find a reasonable agreement, but it doesn't want to come to it. It says that leaving me in the apartment till the end of this month is already a good thing for me and I don't have any right beacuse no new contract is signed and so on. No comment...

I wait for your daily comment;-)

By the way, it's really a bad moment, it's a huge stress this situation... Thanks for your support!

Even tough you are still officially resident in Italy, if your actual residence is in Belgium, the contract is for a main residence.

You don't need to worry about that. Have some sleep and contact the Legal Hotline tomorrow.

And, last but not least, I would be grateful to have the end of the story. Don't forget to come back...

Furnished or not, no difference.

If not specified, it is for main residence. And if specified, there must be a strong and valid reason. (for instance: Election de résidence : Il est expressément convenu entre les parties que le bien loué ne constitue pas la résidence principale du Locataire, s’agissant d’un logement d’étudiant. Durant toute la durée du bail, le Locataire conservera sa résidence principale mentionnée ci-dessus )

So it should be for main residence, because nothing it's specified.

One thing: In Italy I am still registered as resident in my birthplace. But, as I said, I am living and I am working here in Belgium, I pay taxes here in Belgium, I have the 5-year card in the commune of Ixelles with this address written... Is this OK to prove that my main residence it's here?

Thanks Grmff, you are here to help even on Sunday!!! It's awsome!!! And I want to apologize for my many questions, but I have so many doubts... Sorry!

If not specified, it is for main residence. And if specified, there must be a strong and valid reason. (for instance: Election de résidence : Il est expressément convenu entre les parties que le bien loué ne constitue pas la résidence principale du Locataire, s’agissant d’un logement d’étudiant. Durant toute la durée du bail, le Locataire conservera sa résidence principale mentionnée ci-dessus )

When the owner gives you notice for family occupatio or self occupation, you can give an notice of one month.

It means that, as soon as you receive a notice of 6 months, you take your time to find where you want to live, and then leave within a month.

The exact law says:
Citation :(Lorsque le bailleur met fin au contrat conformément aux §§ 2 à 4, le preneur peut lui aussi à tout moment mettre fin au <bail> moyennant un congé d'un mois. Dans ce cas, il n'est pas redevable de l'indemnité prévue à l'alinéa précédent.)

Ain't that good news? You can go and take some sleep...

Do this law apply to flat furnished (meuble) like mine? Is it the same contract for furnished or not furnished?

If in the contract is not written anything about residence principale, how can this be determined?

It means that, as soon as you receive a notice of 6 months, you take your time to find where you want to live, and then leave within a month.

The exact law says:

Ain't that good news? You can go and take some sleep...

If you want to go away, you can write him that you take it as a notice for self-occupancy, and that the notice will start 1st november and last 6 months.

You can also "remind" him that the belgian law gives you the right to a counter-notice of one month.

Therefore, you will have 6 months to find another place

Could you explain me better about this counter-notice of one month?
And what do you mean by self-occupancy? That he needs the apartment for famliar use?

1AM and I am still here... Shame on him, it's his fault if I can't sleep...

You can also "remind" him that the belgian law gives you the right to a counter-notice of one month.

Therefore, you will have 6 months to find another place

Citation :Ok, so even with that article about no tacite reconduction the contract is now 9 years because he didn't sent me any notice before the end of the contract?
Absolutepositivefarpaitmently ! (I mean yes)

Citation :Now do you suggest to send him a letter back with your Legal Hotline assistance, right? Any other actions you recommend?
Depending if you wish to stay or not... and if the Legal Hotline perform in english. Which I don't know 'cause I am just passing by, am not from Pim, and Pim is independant of the Legal Hotline as far as I know... They are not  my Legal Hotline...

I mean, I would like to go away now, of course. But the point is that it's impossible for me to find a new place to stay in 15 days, I am often abroad due to my job.
And the way he behaved with me it's really mean and bad...

Ok, so even with that article about no tacite reconduction the contract is now 9 years because he didn't sent me any notice before the end of the contract?

Absolutepositivefarpaitmently ! (I mean yes)

Depending if you wish to stay or not... and if the Legal Hotline perform in english. Which I don't know 'cause I am just passing by, am not from Pim, and Pim is independant of the Legal Hotline as far as I know... They are not  my Legal Hotline...

The law is quite clear: no notice means contract of 9 years. What ever the contract mentions....

If it is for family occupancy, he has to write it to you, otherwise it is not valid. The letter should be send by recommandé, or a copy countersigned by you when he gives it to you.

And also, he has to occupy 2 full years, otherwise, penalties apply.

Ok, so even with that article about no tacite reconduction the contract is now 9 years because he didn't sent me any notice before the end of the contract?

Just one thing: is it relevant that my flat is FURNISHED? Or this doesn't change anything?

Now do you suggest to send him a letter back with your Legal Hotline assistance, right? Any other actions you recommend?

To add other facts, the letter that he gave me yesterday by hand (I am still waiting for the recommandé) doesn't mention anything about family occupancy. He is just like a reminder to leave he flat ASAP because the contract expired on August 31st 2007. And he is informing me that I have not yet cancelled my bank order for the rent of this flat (??? this sounds crazy to me, he never refuse any payment in the last 2 months).

Thanks guys, really! I appreciate your help so much!

They are living in my same building, ground and first floor and they have little kids. I think this solution to put the wife in my apartment will save the owner a lot of money.

Une chose est certaine: il va y avoir de l'ambiance dans cet immeuble...

Pour le surplus, prenez contact avec la Legal Hotline pour les courriers à préparer.

If it is for family occupancy, he has to write it to you, otherwise it is not valid. The letter should be send by recommandé, or a copy countersigned by you when he gives it to you.

And also, he has to occupy 2 full years, otherwise, penalties apply.

So, if the article about tacite reconduction is not legal he knows that without a new 1-year contract signed and without any letter recommandee before the end of the contract now we are in a 9-year one and this is a big trouble for him.

The only thing to be sure is about this article and is validity, and even if this is valid, they never told me to leave the apartment, but they asked me by email if it was ok for me to do a second year and they were accepting my payments.