Below you can find our answers to frequently asked questions. We appreciate that every case is different and that the specific circumstances of your situation will play a large role in determining the correct legal advice given. Do not hesitate to ring us on 020 – 6731311, we will be glad to give you personal support.

Rental Law

The tenant and the landlord can agree on mutual ending of the lease for example if the tenant agrees explicitly with a cancellation of the rental agreement by the landlord. If the landlord wants to cancel the lease , he is bound by a number of regulations.

•It must be canceled through a registered post notification served by a bailiff service.
•The landlord must mention the grounds for termination in this registered letter.
•It must involve one or more legal grounds for termination (see below). – A lease for an indefinite period of time must be canceled on the day rent is due, generally the the first day of the month.

•A notice period must be given, varying from 3 up to 6 months. The minimum term of notice is three months. For each uninterrupted year that the tenant has rented the property he will receive a month’s notice up to a maximum of six months,.

For example: you signed a lease for an indefinite period of time and the rent is due on the first day of the month. The tenant rents the house for two and a half years. The notice is then 3+2=5 months. Another example: the landlord cancels the rental agreement on June 15. The landlord has to notify you on the 1st of December. He

cannot cancel the contract at an earlier date, however he is allowed to cancel at a later date, for example the 1st of January. However if the landlord nevertheless cancels at an earlier date then the termination will take effect on the obligatory date which is 1st of December.

The landlord can cancel an indefinite lease period if he takes into account a number of grounds for termination covered by the law. These can be found in Article
7:274 BW.

The legal grounds for termination are:

1. The tenant has not proven himself to be a good tenant. The tenant did not adhere to the following rules such as paying the rent, he has behaved badly and has been a nuisance to the neighbours.
2. The lease contract was a temporary one.

3. The landlord needs the room urgently for personal use. The landlord must prove that he needs the rooms urgently, and that continuing the lease is no longer reasonable. During a hearing the judge will weigh the interests of both the tenant and the landlord. The judge will also be able to decide if the landlord has to find an alternative living space for the tenant. Please note that it is unacceptable for the landlord to sell the house and wants the tenant to leave as a result. This in principle is not valid grounds for the termination of a rental agreement.

4. If the tenant refuses to accept a reasonable offer to modify the lease.
5. If the landlord has a development plan which corresponds with a municipal planning scheme.

The rental agreement does not end automatically with the termination of the contract by the landlord.
If the tenant rejects his decision within 6 weeks or refuses to respond in 6 weeks, the landlord – if he wants to continue with the termination of the contract – can make a request to the magistrate to order the end of the agreement. After examining the application the judge will take full account of the grounds for termination.

Category: Rental Law

Deposits offer protection against any costs which a landlord may encounter if tenants damage his rental property. The landlord can repay this deposit while settling any outstanding rental payment when the tenant leaves the property. A landlord can ask for a deposit when contracting a new lease. There is no statutory regulation concerning the calculation of a deposit. The landlord is free to determine the amount of the deposit. However it is considered unreasonable if the deposit is more than three times the monthly rent. It is important to sign a written agreement on the condition of the house at the time of acceptance. This is done by means of a

written and signed agreement. It is further recommended to include photographs of the house in the agreement. Also, it is very important that a receipt is issued when the deposit is paid in cash. This is not so important when the money is transferred into a bank account.

What do I have to do to get my deposit back?

The deposit must be paid back automatically once the house eis returned in good condition to the landlord.
A difference of opinion may arise as to whether the house has actually been left in good condition. Please pay attention to the following:

• Will a delivery report be drawn up? A delivery report is an agreement in which the condition of the house is included at the moment of acceptance.

•If so, it must be established if the house is left in the same state as it was when the tenant moved in.
•If not, and the contract lease date was after 1 august 2003, the landlord must prove that the house has not been left in the same state as when the tenant moved in.

– If the lease was signed before 1 august 2003, the tenant must prove that the house was in the same state as when he moved in. If the landlord is not willing to pay back the deposit to the tenant once he has moved out of the property, it can be claimed later as recovery of an unmade payment.

Category: Rental Law

Rent protection means that your landlord cannot just evict you from your rental house. You are protected as a subtenant if you rent the house from the main-tenant who in turn rents the house directly from the landlord. Your position as a subtenant differs from the main tenant in two regards:

1. You are the subtenant of an independent house, that is a house with its own access and live-in not external amenities, for example a bathroom. In this situation you have the same rent protection as the main tenant. If the lease between the main tenant and the landlord finishes, the landlord cannot evict you. You are entitled to take the place of the main tenant. However, you must notify the landlord. The landlord can go to a judge within 6 months to have the lease terminated. But this is only possible in the following situations:

Example 1:

  1. You cannot afford to pay the rent.
  2. You only rented from the main tenant so you could take the position of the main

    tenant.

  3. It cannot be expected that the landlord continues the lease if the rent was kept

    very low.

  4. When you don’t have a housing license, when having one is obligatory for your

    house.

Example 2:

1. You are the subtenant of a house with shared bathroom or other facilities. This means that there is no bathroom or other necessary facilities in your home. In this example you have no rent protection. If the lease between the main tenant and the landlord finishes, you must search for a new place to live. You always have rent protection in relation to the person who lets the house or room to you. In the event that you lose your living space due to the main tenant’s fault, you are entitled to claim compensation from them. Moreover, the main tenant who sublets to you, can not just evict you.This is only possible if one of the reasons for eviction is mentioned in the applicable law. These can be found in article 274,Book 7 of the Dutch Civil Code of Law.

Category: Rental Law

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