When and how can a tenant terminate a lease.jpg

Termination of a lease by a tenant is generally much easier than by a landlord, but both parties still have responsibilities. Is there a distinction between fixed-term and open-ended leases? How much notice is required? Learn everything you need to know about the most modern methods of terminating your contract.

## Most importantly, you should review the lease termination policy

It's important to read the entire lease before you sign it when you move into a new apartment. This will help you avoid any unpleasant surprises down the road, such as additional cleaning fees. Specifically, the landlord may have extended the notice period in the lease agreement if legislation requires a 3-month notice. Before you give your landlord notice of your move, check the details here.

In addition, the terms of departure change depending on the specifics of the lease. If the tenant signs a fixed-term lease, they often cannot move out before the end of that period, unless the landlord commits some sort of material breach of contract. On the other hand, if you have an open-ended lease, you have the ability to move out whenever you want. However, the concept of notice is consistent in its application.

## What are the procedures to follow in case of termination of a lease ?

Notification of the landlord by registered mail with return receipt is recommended but not mandatory. By taking this step, you can rest easy knowing that the landlord has been made aware of the situation and cannot be held responsible in case of disagreement.

In this letter, please specify the date you want to leave the apartment, taking into account the required notice period. Leaving your landlord in limbo as to why you are leaving is perfectly acceptable.

## Tips on managing the notice period

It is common to give three months' notice, during which time rent must be paid on both the current and former unit. Preparing to leave in advance can help you save money. If you want to leave your fixed-term lease on the last day of the lease term, you must give your landlord three months' notice. The contract will be interpreted as an open-ended lease if the term is not specified.

Many tenants and landlords are actually able to negotiate a shorter notice period. In fact, you can introduce a replacement tenant to the landlord yourself who is ready to move in; if the landlord is willing, you can set a move-in date with the new tenant to minimize your notice period.

Be careful: even if you have to leave quickly, you must not forget to do an inventory of fixtures. In the event of a dispute over the refund of the security deposit, this document will serve as the basis for the decision.

When and how can a tenant terminate a lease?

Quels sont les droits et les responsabilités du locataire tout au long du bail.jpg

When you sign a lease agreement with the landlord, you are ratifying a legally binding contract in which both parties (landlord and occupant) agree to certain terms. When you rent a space, what are your responsibilities? Don't forget to find out what your rights are so that you can assert them if you feel you are not getting the full benefit of them. 

## Don't be late with your payments

The most important thing you can do as a tenant is to never miss a payment. As stated in the rental agreement, monthly rent payments are mandatory. Landlords may also ask for a security deposit in addition to the first month's rent, to account for any back rent or damage costs. The maximum allowed is three months' rent. There are several ways to pay for a rental guarantee, but you must present it no later than the day of signing (bank guarantee, government assistance, rental guarantee insurance, etc.).

Then, each month, you will have to pay both the rent and the related expenses. Only expenses incurred "for you", such as utilities, repairs to technical equipment, replacement of filters, landscaping, general maintenance, can be passed on to the charges. Charges can be paid either as a lump sum or as a percentage of the total cost. It is entirely possible to change the procedure during the course of the lease.

## Renting: Having a place to live

Stocking up on furniture and equipment when you register! When you move into your new home, if you notice any serious problems that will prevent you from living there comfortably, you must inform your landlord immediately. Your landlord has an obligation to provide you with a safe and healthy place to call home.

If you do not feel safe in your home, you have the right to ask for repairs so you can live there again.

## Tenants are responsible for making small repairs and informing the landlord of larger problems

During the term of your lease, you are responsible for routine maintenance and any minor repairs that may occur to the property. You cannot convert a residential property to a commercial property, for example, without breaking the lease. However, some light decorating is allowed as long as the unit is returned to the same condition as when you moved in.

You are required to inform the landlord as soon as you become aware of a situation that is not within your control. Landlords are responsible for coordinating repair services and dealing with serious problems that arise (except in special cases, such as when deterioration is due to poor maintenance). If you do not report problems to your landlord, he or she may accuse you of being negligent.

Finally, don't forget that from the moment you move into your new apartment, it is your responsibility to systematically take out rental risk insurance. In the event of a lawsuit, forgetting something crucial could cost you dearly. Remember, even minor damage will require an explanation and major damage will result in a deduction from the security deposit for the duration of the lease.

What are the tenant's rights and responsibilities throughout the lease?

What are the work obligations as a tenant.jpg

Lease disputes are common in the real estate industry. They arise when one party does not fully understand the responsibilities of the other. Learn your responsibilities so that your tenant cannot sue you for negligence. If, for example, the tenant is responsible for normal maintenance tasks, you will likely be responsible for more extensive renovations. Read on to learn more.

## A brief summary of the landlord's responsibilities and rights with respect to the work

Tenants are legally obligated to meet the deadlines specified in their rental agreement. One way to demonstrate punctuality is to pay rent on time. The tenant also agrees to perform routine maintenance and minor repairs on the property, such as changing locks, changing light bulbs, servicing the boiler with a licensed service provider, etc. At the end of the lease, the leased premises must be returned in good condition, although reasonable wear and tear may be overlooked (the longer the occupant has been there, the more wear and tear is taken into account).

However, the landlord must hand over the keys to a safe, pleasant and sanitary dwelling. Specifically, there must be nothing that would compromise the safety or health of the tenant. In this case, repairs are required before the house can be rented. It is often the landlord who pays the bill for any major maintenance or repairs that may be required. These are maintenance problems that are not the result of tenant misconduct. They are due to age and use, an accident or a defective component.

## In a rental situation, who is responsible for repairs?

The renter's responsibility for "minimum repairs" is limited to the rental agreement. If there is a disagreement about what types of work fall into this category, we will refer to the relevant legal documents for guidance. Minor repairs are those that do not require the expertise of a specialist or are inexpensive to perform. This "maintenance" work is well within the tenant's control and can be done by anyone.

On the other hand, when the services of a craftsman are required, the cost is often charged to the owner. All structural repairs and renovations must be paid for by the landlord. In addition, the landlord is responsible for any difficulties that arise in the apartment or house due to age, construction defects, weather or shoddy workmanship.

The tenant is responsible for any major repairs that occur due to lack of maintenance, and the landlord has the right to refuse to pay for them. Especially for the more expensive projects, legal action may be necessary if the dispute cannot be settled amicably.

The rights and responsibilities of the landlord are defined in great detail by the law of September 21, 2006, which governs residential leases and amends certain provisions of the Civil Code. In cases like this, judges often refer to this book for guidance.

## Disputes between tenants and landlords: what can be done to prevent them?

The use of a real estate agency is strongly advised if tensions between the tenant and the landlord tend to increase. The latter is an alternative to the landlord who can take over all management responsibilities. When an agency is retained for this purpose, it assumes the role of the main point of contact for the tenant in case of problems. 

The landlord, on the other hand, is always kept informed of the status of the files and has the final say on all matters relating to the work.

What are the work obligations as a tenant?

Stunning Echternach, a city whose beauty will last forever.jpg

Put yourself in Echternach's capable hands in the heart of a valley renowned for its natural beauty and vibrant cultural life. Learn about the many physical and intangible landmarks that point the way to a significant cultural past. Relax and let Echternach's past lull you to sleep.

Located in eastern Luxembourg, Echternach is both the name of the canton's largest city and the seat of the municipality that bears the same name. Located in the bend of the Sûre River, at the gateway to the Little Switzerland of Luxembourg, is the municipality of Echternach, which as of January 1, 2019, is home to 5,618 people across an area of 20,89 km2. Located in the Mullerthal, also known as "Little Switzerland," the city of Echternach is the country's oldest settlement. Set in a naturally wooded region and bounded by the river Sûre, the city of Echternach reveals its greatest strength and provides a remarkable place to call home.

## A natural area that has been preserved for immediate exploration

Located on the outskirts of the Mullerthal region and surrounded by natural beauty, the cultural and historical hub of Echternach is the perfect jumping off point for a wide variety of hikes that are suitable for people of all experience levels. There are a variety of tours available, from guided to independent, and from trails to paths.

If you'd rather not go on a hike of this magnitude, the lake of Echternach is a pleasant place to take a stroll or give pedal boating a try.

Those who would rather pedal than walk can take advantage of the city of Echternach's many bike lanes that run parallel to the Sûre, while more daring riders can check out the area's Bike Park and mountain biking trails.

## Recreational amenities in Echternach

There are numerous additional sports facilities available to residents of the city. There is a beach volleyball court, a shooting range, a bowling alley, a miniature golf course, a skate park, and an indoor swimming pool.

There are two public schools in Echternach, a primary and a classical, for the education of your children. Transport to and from school is also provided for younger students. One can also find a music school in Echternach, which serves as a regional hub for the study of music and dance.

## Pride in one's cultural heritage

You will be thoroughly satisfied with Echternach's cultural offerings. The European Commission recognized Echternach as a "European destination of excellence" in 2008. Aside from its abbey and Whitsun dance procession (a UNESCO World Heritage Site since 2010), the town of Echternach hosts an annual international music and jazz festival. The Trifolion, a cultural, tourist, and congress center right in the middle of town, is where the locals and visitors alike go to have a good time. This 5-story structure is perfect for any occasion, as it houses a concert hall that can set up to 700 people. Over the course of a year, it plays host to nearly 200 separate events.

The Roman Villa is just one example of the city of Echternach's rich history that has been carefully preserved to make it the oldest city in the country. This modest palace, located on the outskirts of town in the midst of vast agricultural lands, featured 70 or so rooms, water basins, marble veneers, mosaics, inner courtyards, and even underfloor heating.

Besides its historical attractions like the Abbey, former building of the Benedictine monks, and the city walls, Echternach also features shops, bistros, restaurants, and terraces, providing a different kind of entertainment.

Echternach, a city of eternal beauty !

When and how do you manage an unpaid rent situation.jpg

The prospect of receiving a late payment or no payment at all is one of the biggest concerns of any landlord considering renting out their property. Firstly, this type of legal dispute can be avoided by implementing a number of good practices. In addition, if you do not pay your rent and you are several months in arrears, your landlord has the right to take legal action to recover the money.

## If you want to avoid eviction, pay your rent on time

Even before a lease is signed, a landlord can reduce the likelihood of rent being paid late or not at all by putting certain preventive measures in place. Specifically, a responsible tenant profile should be favored at all times. To this end, landlords should not rent to just anyone without first seeing proof of income and rental history. Don't hesitate to ask for these things from anyone who asks to rent from you. This way, you can ensure that they are able to meet their current lease and have a stable source of money for future payments.

It is also possible to take out insurance to protect against financial loss in the event that tenants fail to pay their rent. Until the situation returns to normal, companies can actually compensate you for the rent. For example, if the defaulting tenant continues to occupy the property without paying the bill, this can compensate for the loss of income suffered throughout the legal process.

Prompt action and communication with the tenant to find out the reasons for the late payment of rent would help to resolve the situation. Sometimes the problem can be resolved quickly and amicably. But if the tenant still does not cooperate, you may have to take legal action to recover the rent.

## If my tenant does not pay the rent, how do I take legal action?

To take legal action, you need to file a petition with the local Justice of the Peace (the one in Luxembourg, Esch-sur-Alzette or Diekirch, depending on the location of the accommodation).

Upon receipt of the petition, the clerk will issue a written summons to each party. The tenant will be considered to be "in default" if he or she does not appear in court on the day indicated. The hearing on the motion to dismiss will be delayed if he or she does show up.

But it is important to remember that the Justice of the Peace can always issue urgent warrants if necessary. It is not out of the question for him to request an expert opinion or to institute a temporary rent.

Once the judgement has been rendered, the landlord can proceed with a wage garnishment to recover any arrears of payment, bearing in mind the possibility of seizing the tenant's property. A judge may order an eviction if he or she determines that the current circumstances do not allow the lease to continue.

Since this is a petition-based procedure, there is no need to hire a bailiff or lawyer, and the cost is therefore low. Landlords usually only need to budget for the cost of copies of supporting documents, the cost of transport and accommodation at the hearings, and sending notices to tenants by registered post.

When and how do you manage an unpaid rent situation?

All you need to know about the security deposit for tenants.jpg

Most landlords require a security deposit, often called a rental deposit, from a new tenant before they will even consider signing a lease with them. This initial deposit serves as a guarantee to the landlord and can be claimed in the event of late payment of rent or eviction of the tenant due to property damage. Please tell me how much this deposit is. As a tenant, what are your responsibilities and privileges? What to do in case of a dispute? Find out more here.

## The maximum amount is equal to three months rent

Luxembourg law does not require landlords to demand a rental guarantee before a new tenant moves in. However, this practice is frequent, almost systemic.

However, the maximum amount of a rental guarantee must be respected in cases where such a guarantee is required. The ceiling is set at three times the amount of monthly rent that landlords can charge in the territory. For example, if your monthly rent is €500, your security deposit cannot exceed €1,500.

## How do I get the money for the down payment?

Once you have moved in, there are a host of new costs that await you. Given the difficulty you have in controlling your costs, it seems logical that this rent guarantee is a bad idea. You can rest easy knowing that there are options to reduce the financial impact of this payment.

If you need help finding financing for a rent guarantee, you can contact the Department of Housing's Housing Assistance Division. If you do not qualify for this benefit (you cannot own or usurp another property, you must rent the property as your primary residence, you must have a deposit agreement with a financial institution, and your income cannot exceed the limits), you will not be able to finance the rental guarantee on your own.

Another option that may work for everyone is to use a bank guarantee. Rather than actually paying the rent, the tenant asks the bank to temporarily hold the funds. Depending on the terms of the lease (in the case of a "first demand" guarantee), landlords may sometimes have the authority to withdraw the rent from the tenant's bank account without the tenant's consent.

The rental guarantee is a new option that has recently entered the Luxembourg market. After receiving payment of a premium, an insurance company or mutual insurance company issues a rental guarantee.

## When will my security deposit be returned to me after I move out?

In most cases, the full amount of the security deposit paid to move into an apartment will be returned. However, once you have returned the keys, your landlord will close the books and may deduct from the security deposit any charges such as utility adjustments or repairs discovered during an inventory of the property upon your departure.

If you and your former landlord can't agree on the security deposit, try discussing it first. However, if you want to avoid going to court, there are mediation systems available.

All you need to know about the security deposit for tenants

What are the rules for terminating a lease.jpg

The manner in which a lease is terminated depends on the type of agreement and the status of the party seeking to cancel it. In a lease with no fixed end date, the tenant may vacate the premises by giving two or three months' notice. Termination of the lease by the landlord is only possible for cause. In this case, there are very specific guidelines on how the request must be made and how much notice must be given.

## When can the landlord legally terminate the lease?

If the tenant is at fault, the landlord has the right to terminate the lease without notice; this is called "settlement" rather than "termination". This action must be accompanied by legal action; if a justice of the peace determines that there has been a breach of contract, the agreement will be dissolved. A judge may require a notice period even if no agreement was originally reached. The length of this period is left to the discretion of the judge.

However, it appears that eviction on substantial and real grounds is conceivable even in the case of a trustworthy tenant. This option is used, for example, when important maintenance work must be done but no one can safely reside there at the same time.

Finally, it is important to note that open-ended leases still allow for termination for personal reasons, but only with six months' notice. This justification is used when the purchaser plans to live in the unit permanently or temporarily, for example when taking in family.

## Cancelling a Lease: Procedures to Follow

If you want to terminate your lease for any reason, the process is the same and requires complete seriousness. To begin with, a formal letter of termination must be given to the tenant; it is not enough to send an email or make a phone call. You must use a delivery confirmation service to send it. This letter must provide an explanation of your decision and the rationale for it. Put your sincerity in writing if asked.

Finally, be sure to provide a reference to the relevant section of Article 12, paragraph 3 of the Law of September 21, 2006, which states that a lease may be terminated for personal reasons. By invoking this justification without citing the applicable law, you risk having your letter declared null and void, which would only further delay the procedure.

The tenant has the right to ask the Justice of the Peace for an extension of time after being informed of your decision. The hearing will be notified to all interested parties and will take place no later than one year after the original expiry date. If the tenant does not comply and remains in the unit after the expiration of the time limits, the judge may request a forced eviction.

It is important to consider all facilities when ending the lease, even if the process is rushed or if the agreement to end the lease was reached informally. Finally, don't forget to return the security deposit on time.

What are the rules for terminating a lease?

Real estate sales our tips for getting started on the right foot.jpg

Selling real estate is a major life event and should be treated as such. Don't embark on such a project without a clear idea of the end result you want to achieve; instead, plan ahead. For a more nuanced approach, look at the sale more calmly, with confidence, before using a real estate agency. This will help you avoid being caught off guard by certain issues.

## Has the optimal moment for selling arrived?

When we talk about the "right time to sell", we are referring to these two crucial elements:

- Depending on how you see things,
- Current market conditions

For starters, a life-changing event usually prompts the seller to put their home on the market (marriage, divorce, birth, death, job transfer, etc.) Therefore, the principal sees it as a logical option. But if you're not quite ready to sell yet, you have options. Not everyone has the financial means to maintain a second home, so renting may be an attractive option. If you're not sure what to do, consult a real estate agency for advice.

If current market conditions are favorable for a sale, the agency can also let you know. Due to factors such as changing mortgage interest rates, the passage of time and rising or falling wages, sometimes of year are more favorable than others for investing in real estate. Getting in at the right time can help you get a better deal.

## Is it possible to sell the house under these conditions?

If you have decided to sell, you need to assess whether or not the current condition of your home will encourage buyers. A few inexpensive updates, such as repainting the walls white to increase the brightness inside, removing decorative accessories that are too personal, de-cluttering the living areas, redoing tile grouting that has worn out over time, etc. can increase the likelihood that more people will be interested in your property.

At this stage, the real estate agent is once again invaluable. When he comes to give you an estimate, he will be alert to anything that might turn off potential buyers. Once they're done, they'll give you advice on how to improve the appeal of your home despite its minor flaws.

## Is this real estate agency reputable and reliable?

Some people prefer to sell to other people privately, but this is not advisable because the administrative procedures are very complicated. It is important to choose a reputable agency that you can work with, so make sure they are experts in their field before you hire them. For peace of mind, it's a good idea to get recommendations from people you trust (including using word of mouth) and/or weigh your options by comparing and contrasting potential candidates.

If you want someone to help you through the sales process, it is best to hire a professional. With their help, you'll have all the legal documents in order, your home will be in the best possible shape to sell quickly for the best price, and you won't have to worry about a thing.

Keep in mind that people don't always choose the agencies that offer the highest quote, but rather those that base their reputation on fair pricing. As an added bonus, they are experts in your case and can point you in the right direction with any questions you may have.

Real estate sales: tips for getting started on the right foot

How to protect your property with different types of shutters.jpg

Roller or swing shutters can prevent unwanted visitors and the elements from entering your property. The beauty of the building would suffer without them. In order to choose the best approach, it is helpful to quickly compare the many options.

## A wide variety of opening types

### The most classic type of shutter, the swinging shutter

Unlike other types of shutters, swinging shutters have two panels instead of one. These are the tried and true, no-frills models that have proven themselves time and time again. They add to the appeal of the home and are aesthetically pleasing. Shutters can be modified to meet local building ordinance requirements and are available in a variety of materials such as PVC, aluminum or wood, with or without louvers.

### The most practical type: roller shutters

The versatility of roller shutters is one of their most attractive features. They can be operated from inside the house, which is especially convenient in stormy weather or in areas prone to natural disasters. To open and close the window with the flick of a finger, motorization is a convenient option. When it comes to energy-efficient homes, this is a must.

A manual crank is included in case there is a power outage and you need to close the blinds. The most popular choice among technophiles is motorized roller shades. By using a home automation system in conjunction with motorization, you can set a schedule for opening and closing the blinds. If you connect your system to the internet, you can easily manage things remotely using your phone.

## Advanced technologies or proven techniques

### Durable, proven wood

Wood has stood the test of time and continues to win the hearts of those who appreciate classic design, even as other modern materials have become more popular. Its versatility and ability to adapt to local tastes make it a popular element in any home. But there is still the issue of maintenance, which should be done at least once every two to three years to keep the material in good condition and extend its useful life.

Wood, when properly cared for, is strong and durable, and its maintenance requires no special skills and is within the reach of the most inexperienced do-it-yourselfer. Wooden shutters can be purchased in an almost endless array of species, colors and finishes, and these options come with a wide range of prices. Wood is impeccable in every respect when it comes to its thermal and acoustic characteristics.

### PVC shutters at low prices

Those who are not experienced do-it-yourselfers will appreciate PVC because it is inexpensive and requires little maintenance. In terms of thermal insulation, PVC shutters work admirably. Some modification is possible, but not as much as with wood shutters, and the range of work is limited.

### Aluminum, a strong and reliable metal

The aesthetics of aluminum match the design of today's homes. It's the material you can use without worrying, because it lasts a long time and resists all weather conditions, corrosion and break-in attempts. It is virtually maintenance free and is available in a wide variety of colors, making it a great option for customization. It would be the perfect material, appealing to even the most discerning buyers, if not for its poorer acoustic and thermal characteristics and higher price compared to PVC and wood, respectively.

Blog and real estate advices

Be the first to receive the latest housing news and advice