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Landlord passed away, if house is sold, we're out in 6 months?!?

Last activity 10 October 2023 by Edigj

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Phoebe_Buffay

Hello everyone,


I would appreciate some help with this situation, please.


My partner and I signed a 3-6-9-yeat rental contract in April 2022, effective June 2022, in Flanders.


The owner of the house had just been moved into a nursing home, so one of her children was present at the signing.


The contract has 5 names as "renters": the owner, 2 kids (out of 4, one of whom we met), and 2 grandkids (kids of 4th kid that passed away).


The actual single owner of the house (as far as we were told) just passed away. We were informed by phone call that the 5 inheritors (3 kids and 2 grandkids) would discuss the house situation. They may sell it. Next week someone will come over to appraise the house.


If they do sell it, is it correct that the new owners can break our contract with a simple 6 month notice? Without compensation or anything like that for forcing us out of our home just a year and a half after we moved in?


We obviously signed the contract with the intention of staying here long term.  It took us more than a year to find this poace. It was not an easy move (2 houses into one, one previous landlord being very troublesome ..), but we are completely settled and certainly do not want to move out so soon!


We are very worried and stressed about the possible outcome of this, adding to it the fact that the rental market in the whole region (40km around here) is just awful.

We are feeling very unprotected..


Thank you for any insights you may have!


Phoebe

Newman17

@Phoebe_Buffay

Hi,

Yes, the new Landlord can ask you to leave the appartement within the 3 first years of you rental only if he is going to live on it or someone from his close family for at leat 2 years. He will have to provide you a 6 months notice period (if the contract is registered) or 3 months (if contract is not registered and you are living in the appartement for more than a year). There is no compensation for the tenant in this case unfortunately !


The 6 months notice will only start after the notarial act has been signed and the new landlord has addressed a registered mail to you and your partner asking you to leave the appartement within 6 months stating the reason: Personal/family occupation. The notice always starts 1st of a month (e.g . if you receive his mail on October 2nd, the notice will start on 1st of November)


I would say, with the time to make the appartement for sale, finding a buyer, signing the act + The 6 months notice you still have approx 1 year or more.


I hope it helps,

Good luck :)

Kdeepak

Normally this is something include in the sale agreement if the old owner is going to request you or new owner. If the new owner is first time buyer he/she must live in the new bought house for 5 years as per the Belgium law if they took the first timer discount in the notary..

Edigj

If they sell new owner might ask you to move out. Perhaps I would consider buying and make them an offer if you like the place and could afford it. If not there is not much you can do.

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