Prorogation du bail - 1 an

nique91 · #1 13-10-2007 00:43:32

Hi,

I write in English because my French is very bad, I hope you can help me because I am in a big trouble.

I signed a 1 year contract from 1st Sept. 2006 to 31st August 2007, and at the beginning of August 2007 I received an email from the landlord asking me if I wanted to extend the contract for a second year at the same price. My answer by email was YES.

I paid as usual the rent for September 2007 and October 2007, but we haven't signed a new contract yet (she sent me a copy by email 2 weeks ago).

Yesterday (12th October) I received a letter from the landlord telling me that I have to leave on 31st October 2007 because my lease contract expired on August 2007 and as written in the contract "Aucune des parties pourra invoquer la tacite reconduction du present bail".

What should I do now? Is the landlord right? The landlord didn't refuse my payment for the rent of September 2007 and October 2007. Does this mean anything? And what about the emails she wrote me? Are those accepted for the extension?
Last question: is the article "Aucune des parties pourra invoquer la tacite reconduction du present bail" legal according to Belgian Law?

Hope you can help. Thanks in advance.
PS You can also answer me in French, no problem.

nique91 · #21 14-10-2007 19:08:28

Grmff a écrit :

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!

grmff · #22 14-10-2007 21:11:58

If nothing is specified, if you are working in Belgium, if nothing is specified, it should be sufficient.

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...

nique91 · #23 15-10-2007 18:17:34

Grmff a écrit :

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!

grmff · #24 15-10-2007 21:29:43

we sent my papers to somebody more expert to check better

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

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.

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