Sale Does Not Break Lease - Protection When Selling a Property in Utrecht
In Utrecht, the principle "sale does not break lease" applies, which means that tenants are protected if their landlord sells the property. The new owner automatically takes over the role of landlord, and your rights as a tenant remain fully preserved.
What Does This Principle Entail?
- The tenancy agreement is automatically transferred upon sale
- The new owner assumes all rights and obligations of the previous landlord
- Your rent price does not change due to the sale
- Your tenancy protection remains fully in effect unchanged
What Remains the Same?
| Element | Status |
|---|---|
| Rent Amount | Remains unchanged |
| Tenancy Agreement | Remains in force |
| Tenancy Protection | Fully intact |
| Notice Period | Does not change |
| Deposit | Is transferred |
What May the New Owner Do?
- Implement a rent increase (in accordance with statutory rules)
- Terminate the tenancy on statutory grounds, just like the previous owner
- In case of "urgent personal use", termination may sometimes occur earlier
Deposit Upon Sale of the Property
Be alert to the transfer of your deposit upon sale:
- Request written confirmation from the old landlord regarding the transfer
- Keep track of who is responsible for your deposit
- Ensure a written agreement with the new owner regarding the deposit
Practical Questions in Utrecht
Can the new owner evict me to live in the property themselves?
This can be a statutory ground under "urgent personal use", but strict rules apply. You can contest this in court, such as the District Court of Midden-Nederland at Vrouwe Justitiaplein 1 in Utrecht.
Am I obliged to cooperate with viewings?
Yes, but only under reasonable conditions and at times that suit you.
The sale of your rental property in Utrecht does not mean you have to leave. Your tenancy agreement remains valid.
Frequently Asked Questions about Tenancy in Utrecht
What are my rights as a tenant in Utrecht?
As a tenant, you are entitled to a safe and well-maintained property, protection against unreasonable rent increases, and the ability to take action if the property is not habitable.
Can the landlord just increase the rent?
No, rent increases must comply with statutory rules. The landlord must inform you in writing at least two months in advance and may not charge more than permitted.
What happens to my deposit upon sale?
Your deposit must be transferred to the new owner and must be refunded within 30 days after the end of the tenancy agreement, provided there is no damage.
How do I terminate my tenancy in Utrecht?
You can terminate your tenancy observing the notice period in your contract. This usually must be done in writing.
What if my property has defects?
Request the landlord in writing to carry out repairs. If this does not happen, you can take action yourself and offset the costs against the rent.
Contact and Assistance in Utrecht
For legal support, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. For disputes, you can submit a case to the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1.