in this day and age.Tenancy law is a distinct area of law within real estate law. It is governed by laws, rules and decrees that are constantly changing. Due to the dynamics of tenancy law, it can therefore happen that an agreement in the lease is (or becomes) contrary to the law. Our tenancy law lawyers therefore keep a close eye on developments and can quickly spot inconsistencies.
Tenancy law can be of great importance when you, as a tenant or landlord, are faced with disputes over leases, defects in the property or termination of the lease. Whether it is a rent increase, maintenance obligations or a dispute over lease termination, our lawyers are ready to assist you. Do you need clear legal advice or want to know what your rights and obligations are in a tenancy situation? Our experienced tenancy law lawyers will be happy to help you find the best solution for your situation.
Are you looking for a tenancy law lawyer? You are welcome to come to our office in The Hague. Our tenancy law lawyers have the right knowledge and expertise to assist you. Although our office is located in The Hague, we operate throughout the Netherlands. See below our team of relevant tenancy law counsel.
Rent is when one party gives a property to another for a fee. The most common forms of lease are residential, retail and office leases. A rental agreement can also be concluded verbally, but in practice, most rental agreements are laid down in a rental agreement. It is important to have a clear picture of the agreements you make as tenant or landlord. That way, you can avoid conflicts in the future.
It depends on whether you rent a social rented house or a rented house in the free sector (liberalised rent). If you rent a social rental property, the rent may be increased annually. Do you rent a house in the free sector? Then the rental agreement will determine whether the rent may be increased annually.
Note that the landlord may not increase the rent at his own discretion. This is because the extent of the rent increase is determined by the rental agreement and the law.
The amount of the rent increase is determined by the tenancy agreement and the law. If you rent social housing, the amount of the rent increase is determined by a percentage set annually by the Minister. You can find this percentage on government.nl. Do you rent a house in the private sector? If so, your tenancy agreement determines how much the rent can be increased.
In some cases, it pays to appeal the rent increase. For example, it happens that the landlord uses the wrong percentage or the rent increase exceeds the maximum rent of the property. So it is important to be sharp when you receive a rent increase proposal.
You can object by sending a notice of appeal to the landlord. The appeal must reach the landlord no later than the day before the proposed rent increase takes effect.
Often, the lease agreement specifies the method of termination. Most lease agreements state that the tenant must give notice of termination by registered letter. Landlords sometimes also find it okay if the lease is terminated by e-mail. If you have terminated the rent by e-mail, ask the landlord to confirm receipt of the notice. Don't receive a response? Then still send a registered letter in time.
The notice period is in the lease agreement, but sometimes the period is not correct. The law states that the notice period must be equal to the rent payment period. So if the rent is paid per month, the notice period is one month.
It depends. If the lease was entered into before 1 July 2024 for the duration of two years or less (five years or less in the case of non-self-contained housing), the landlord can terminate the lease without cause by the end of the agreed period. Strictly speaking, the landlord does not have to give notice of termination, but must give notice of termination . The landlord must do this no later than one month before the expiry of the agreed period (but no earlier than three months).
If the lease is (now) for an indefinite period, the landlord can only terminate the lease if there is a legal ground for termination. A legal ground for termination is, for example, if the landlord himself urgently needs the property again.
If the lease has to be terminated, the following notice periods apply to the landlord:
As summer approaches, many landlords are raising rents. In this blog, attorney Cindy Luiten provides an overview of the most important rules and points to consider for properties in the private, mid-market and social housing sectors.
The Affordable Rent Act went into effect on July 1, 2024. The purpose of the Act is to improve the affordability of rental housing. The Act focuses on regulating rents for social and mid-range properties.
