Rental Agreements Nl

7. (1) At the time a tenancy agreement is entered into between the landlord and the tenant, the landlord shall provide the tenant with a copy of this Act and the regulations and sign an acknowledgement of receipt at the request of the landlord. A vacancy rent is only possible after a vacancy permit previously obtained from the municipality. Various data of the vacancy permit are listed in the rental agreement. If this is not respected, the Vacancy Act is omitted and the tenant is entitled to regular rent protection. With this type of agreement, the tenant has a minimum of rental protection. This means that the owner does not have to invoke at least one of the legal grounds for termination. A landlord can terminate this type of contract by informing the tenant of the end between 3 months and 1 month before the agreed term. If a rental agreement was concluded before 1. Completed in July 2016, this does not fall under the new rental law. Note that the contract closing date is crucial, not the start date.

Housing associations can only offer certain tenants a fixed-term lease of less than two years for apartments with social rent. Think, for example, of emergency shelters and alternative housing. Housing associations are allowed to enter into such leases for private sector apartments. Features Lease Model B Target group: Owners who wish to rent a fixed period of time that can last up to 2 years Term contract: limited, maximum 2 years or less Cancellable by tenants: yes, the tenant can cancel per calendar month during the entire rental period Cancellable by the owner: no, the owner must respect the agreed rental period An extension is possible: no, if this happens anyway, then the agreement will be in model A (indefinite duration). Even if the owner forgets to cancel in time, the contract becomes model A! Does the tenant have tenant protection: no Can the tenant have the number of points checked by the rental committee: yes, up to 6 months after the end of the lease (3) If a tenant continues to use or live in a residential property after the expiration of a limited time, and the termination of the lease If you opt for a furnished rental property, it will probably be fully furnished. This means that there are two types of leases; an agreement for a limited or indefinite period. When a term lease expires and neither the landlord nor the tenant has given notice of termination, the lease automatically switches to a monthly contract with the same rules and conditions as the original lease. A lease does not only end on the expiry date, it continues as a monthly contract unless it is terminated by the landlord or tenant. Most leases that are offered as fixed-term leases are considered by law to be permanent leases with a fixed minimum term. This means that you cannot terminate your contract until the minimum term has expired.

Often, this minimum duration is six to twelve months. Sometimes a fallback clause is added in the form of a “diplomatic clause”: if you can prove that your employer is moving you, you can terminate earlier. With a week-to-week rental, the tenant would pay a weekly rent. The notice period that a landlord or tenant needs to terminate the lease is also shorter. For more information, see our help topic on cancellation notifications. Read on to learn more about the various Dutch leases, their respective notice periods and termination rights. Any written lease agreement must also include the terms and conditions set out in Section 10. (1) the Tenancies of Dwellings Act exactly as written in the Act.

For more information, see our legal aid section. Brief explanation Lease Model C The “Model C for a certain period of time, with a diplomatic clause” lease is for the situation where tenants and landlords agree that the lease is limited in time, as it is expected that the landlord himself will occupy the house after the agreed rental period. This rental agreement must be terminated by the owner in due course. With this model, it is possible that the rent will be extended for a certain period of time, for example. B the owner is supposed to stay elsewhere. To this end, provisions are laid down in Article 3.1. The landlord must then inform the tenant in writing at least 2 months before the end date of the rental agreement that the rental agreement is extended by a period to be chosen by the owner. It goes without saying that the new period will be linked as much as possible to the new date on which the owner expects to return home. The tenant then has the right to cancel the rent.

It is advisable to send this letter to the tenant in a timely manner (and by e-mail and post) and ask the tenant for consent. Before sending this letter, it is advisable to consult the tenant about it. It is possible to repeat such an extension (within certain limits). Features Lease Model C Target group: the owner who is not (yet) sure when he/she wants to return in Contract term: depending on the wishes of the owner (for example, 1 year), the owner would like to live in the house again in the future, but does not know exactly when this will be cancellable by the tenant: Yes, the tenant can terminate by calendar month after the first fixed period (e.B. 1 year) Cancellable by the owner: Yes, the owner can terminate after the first fixed period. The notice period for the owner is at least 3 months and a maximum of 6 months An extension is possible: Yes, if the owner stays longer than the agreed parties, the rental period can be extended in consultation with the tenant for a period to be determined If the tenant has the protection of the tenant: no Can the tenant have the points count checked by the rental committee: yes, up to 6 months after the start of the rental contract The tenant has the legal right to terminate a rental contract according to model B at any time only if he wishes. He must respect a notice period of one calendar month. The landlord cannot terminate the lease in the meantime. The owner is therefore bound by the agreed duration. The tenant who wants to have the certainty of a minimum rental period is therefore not advised to sign a rental contract according to model B. But the landlord, who wants absolute certainty about the tenant`s departure after the agreed term, is wise to choose the lease according to model B. Unlike a fixed-term contract, a lease of indefinite duration does not have an end date.

However, an open-ended lease can be terminated by the landlord if there are legal grounds for termination. As we have said before, all leases will be different. You can find an owner who is willing or even interested in taking care of everything. The key is communication! Just make sure you are clear about the rules before signing the contract. Now, let`s cover some important Dutch rental rules! A landlord must provide a tenant with a written notice with the name, telephone number and address of the landlord where the notices can be given. If the landlord has a real estate agent or property manager who looks after a rental unit, they must also provide their name, phone number and address. If the property is sold or transferred to a new owner during the term of a tenancy, the new owner is also required to provide the tenant with written notice with their name, phone number and address. .