Articles

Real Estate Investments In France By Non Residents

Vincent Gautier Vincent Gautier from  Jean-Claude Coulon & Associés  on 

Many non-residents have retained property in France that they rent out -as non-professionals- during their absence. In many cases, the income they derive from this activity exceeds their other incomes in France, often non-existent as they carry out their professional activity abroad. 

Purchase Or Sale By Foreigners Of Real Estate Located In France

Vincent Gautier Vincent Gautier from  Jean-Claude Coulon & Associés  on 

The opening of borders and the intensification of international economic relations lead to ever-increasing geographical mobility. Real estate transactions are not exempt from this phenomenon and increasingly involve an element of foreignness

Trust Administration and Estate Planning in the Age of Climate Change

Eric Cunnane Eric Cunnane from  Goulston & Storrs  on 

A recent foreboding report by the UN’s Intergovernmental Panel on Climate Change offers warnings to policy makers and others about dire consequences that have and will continue to arise due to rapid climate change.

Governor Kathy Hochul Proposes New York State Housing Compact

George Evans George W. Evans from  Goulston & Storrs  on 

On January 10, New York Governor Kathy Hochul announced The New York Housing Compact, a series of proposals to grow the housing stock across New York State.

Need for Proof Landlord Obliges Tenant to Prove

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 
Candidate tenants had to meet an income requirement before allocating a home. To this end, the defendants provided information, after which the house was assigned to them. Months later, the housing association was informed by the police about a fraud investigation.

Criminal Offenses Ruinerwold: No Reason for Dissolution of Lease Agreement

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

Hiding a family in a farm may constitute criminal offences, but it is not yet a ground for dissolution of a lease. After all, a bad person does not make a bad tenant.

No Eviction Of Residential Guidance Due To Insufficient Warning About Nuisance

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

Defendant allegedly caused nuisance. Plaintiff warns once. After a subsequent incident, the claimant terminates the verbal housing counseling agreement, under pressure from the housing corporation.

Eviction Suspended Due to Granting Narrow Moratorium

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

Tenants request a narrow moratorium the day before the notified eviction. The current rent is paid, budget management and debt counseling are used. The landlord has not put forward any defence. 

No External Directors' Liability Towards the Lessor Due to Bankruptcy

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

In the case of a pre-constitutive act, a lease is entered into. Seven years later, the tenant goes bankrupt.

Returning Child Administrator Becomes Co-Tenant

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

In 2012, the mother was 80 years old when her then 57-year-old son moves in with her. In 2017, the son is appointed as administrator and mentor of his mother with dementia. Six months later, he requests the housing association to designate him as a co-tenant.

No Termination of the Rental Agreement in the Event of Temporary Payment Problems

Marc-Vincent Spanjersberg Marc-Vincent Spanjersberg from  Bos van der Burg Advocaten  on 

In the event of rent arrears, you usually have to deal with collection agencies. You are requested to pay, otherwise legal proceedings will follow. Or you've already been subpoenaed. As a rule, the judge will dissolve a lease and grant eviction of the leased property if you owe more than two months' rent. However, there may be circumstances that do not justify dissolution of the lease and eviction of the leased property. See also the judgment of Rb. The Hague September 1, 2021, ECLI:N:LBDHA:2021:10298.

Rent pleasure and reign

Corona Crisis and Rent Reduction

Pieter Bos Pieter Bos from  Bos van der Burg Advocaten  on 

The question of whether the corona crisis can lead to a rent reduction is a matter of great concern and has been discussed in numerous lawsuits with various judgments.

This matter is before the Supreme Court and – as is customary in these types of proceedings – the Prosecutor General has issued a preliminary advice to the Supreme Court on September 30, 2021. This preliminary advice is important because in many cases the Supreme Court follows that advice. However, that does not have to be the case.

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