Tenancy law

Renovation of a rental property

Complex legal issues often arise when renovating a rental property, whether you are a tenant or a landlord. When should renovations take place? What are tenants' rights? Can a landlord increase the rent after renovating the property? Our tenancy law attorneys are happy to provide clear advice and decisive support.

When is a rental property considered renovated?

A renovation occurs when the landlord carries out work that improves the property. This could include renovating the kitchen or installing double-glazed windows.

It's important to understand the difference between maintenance and renovation. Different rights and obligations apply to both the tenant and the landlord in the case of renovation. For example, the tenant's consent is required for renovations but not for major maintenance. Unlike renovations, the level of living comfort remains the same after major maintenance.

Renovation proposal

As a landlord, you must inform your tenant in writing of your renovation plans in advance. The tenant's consent is required to carry out the renovation. The tenant is required to cooperate with the renovation if a reasonable proposal is made. Several factors play a role in this decision:

  • The duration and nature of the work.
  • Whether or not the rent will increase;
  • The amount of any relocation expenses;
  • The possibility of a replacement home for the tenant.

Renovating at least 10 rental properties

If you want to renovate 10 or more properties, permission is not always required. At least 70% of the tenants must agree. If at least 70% of the tenants agree to your renovation proposal, then the other tenants are also obliged to cooperate with the renovation plans, provided that they do not take legal action within eight weeks. Otherwise, the court will assess whether the tenant must cooperate with the renovation plans.

For landlords: Careful and legally sound renovations

Are you a landlord looking to renovate your property? It is essential that you act with care. Careless renovations can lead to conflicts, rental disputes, or claims for damages. We advise on the following:

  • The legal feasibility of your renovation plan
  • Communication with tenants
  • Communication with tenants;
  • Drawing up a legally correct proposal;
  • We also advise on the possibilities for rent increases after renovation.

Please do not hesitate to contact us!

Marc Delissen
Questions about this area of law?
Please contact Marc Delissen

Team tenancy law

Vincent Verhulst

Attorney at law

Naomi Ongenae

Paralegal

Cindy Luiten

Attorney at law

Marc Delissen

Attorney at law/mediator

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