Whether you are a landlord or a tenant, Dutch law applies to the rental of a dwelling. Once a lease is signed, it is legally binding, so it is important to understand what type of contract it is and what it means for your rights when it comes to terminating the lease. A rental agreement valid until its revocation (toistaiseksi voimassa oleva vuokrasopimus) ends only when the tenant or owner terminates it. If you do not know in advance how long you will stay in the apartment, this type of agreement is a good alternative. Clearly and unambiguously state what type of rental agreement is entered into and which (minimum) rental period applies. This avoids ambiguities and discussions. If you are not sure if your current contracts adequately protect your rights, seek legal advice. Short-term lease of less than two years Pay the rent deposit to the landlord on the date agreed in the rental agreement. Usually, you will receive the keys to the apartment once you have paid the rental deposit. If you need advice on rental agreements or need help drafting a rental agreement, please contact GMW Rechtsanwälte on 070 361 5048 or visit gmw.nl/en The landlord may only terminate a lease indefinitely due to any of the grounds for termination under Article 7:274, paragraph 1 of the Dutch Civil Code. The notice period for a landlord is at least three months.
Each year that a tenant rents the house, the notice period is extended by one month. The notice period is a maximum of six months. A short-term lease can be extended. In this case, however, the lease automatically turns into an open-ended lease that offers the tenant the highest level of rental protection. This is also the case if the first term was less than two years. If the landlord does not inform the tenant of the end between 3 months and 1 month before the agreed term or if he does not complete the necessary formalities, the rental contract also automatically passes into a rental contract of indefinite duration. A fixed-term lease cannot be terminated during its term. The notice period refers to the period during which the contract remains in force after termination. The notice period applies to a rental agreement valid until it is revoked.
Since the introduction of the 2015 law on the real estate rental market (measures to facilitate movements), it is possible to conclude a short-term lease for a maximum period of two years or less. This must be clearly and unambiguously stated in the rental agreement and the legal article (Article 7: 271 paragraph 1 BW) must be mentioned in the rental agreement. As soon as the rental agreement ends, a final inspection is carried out in the apartment. The landlord will refund you the full security deposit if this agreement and the Rental Act (husleieloven) regulate the rights and obligations of the tenant and landlord in the rental. A rental agreement must be drawn up in writing. Information on the regulations on rental contracts A fixed-term lease cannot be terminated during its term. This applies to both the tenant and the landlord. If you know in advance that you only need the apartment for a certain period of time, a fixed-term lease is a good alternative. Housing rental contracts can be divided into three main categories: In Finland, almost all rental contracts require you to deposit a rental deposit. This means that you pay the landlord in advance a sum of money equivalent to a few months` rent.
The rental deposit is usually two months` rent. The deposit may be worth a maximum of three months` rent. In practice, many leases are concluded indefinitely. Often, landlords and tenants agree that both parties cannot terminate the lease prematurely for a period of time. In this case, there is a lease for an indefinite period with a minimum rental period of, for example, one or two years. A fixed-term lease (määräaikainen vuokrasopimus) means that the tenant and the landlord agree to conclude the lease at the time of the end of the contract. A fixed-term lease automatically ends on the date specified in the contract without separate notice. If you want to stay in the apartment after that, you will have to sign a new lease. 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. 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 lease was concluded before 1 July 2016, it does not fall under the new lease law. Note that the contract closing date is crucial, not the start date. Read your lease carefully before signing it. If you do not understand this or if you feel that there is an inappropriate clause, seek advice from a lawyer before proceeding. Once you have signed a rental agreement, you are legally obliged. For a landlord, the length of the notice period depends on how long the lease comes into effect. If the lease has existed for less than a year, the notice period is three months.
If the lease has existed for more than one year, the notice period is six months. Subletting means that a tenant rents part of the apartment to another person. The tenant has the right to do so if it does not cause significant damage to the actual owner of the apartment. When planning a sublease, make sure that the primary tenant has the right to accommodate subtenants. You are also considered a subtenant if you have rented only part of an apartment and the owner himself lives in the same apartment. A tenant can terminate a lease indefinitely even after the minimum rental period. A tenant does not need a legal basis for termination. The notice period for the tenant corresponds to the period between two days of payment, but with a minimum of one month and a maximum of three months. In practice, this usually means that the notice period for the tenant is one month. If an ordinary fixed-term lease is concluded with a rental period of more than two years, different rules apply. This lease is very similar to an open-ended lease. Read on to learn more about the various Dutch leases, their respective notice periods and termination rights.
Rents are usually paid once a month. Rent must be paid no later than the due date. The expiry date is specified in the rental agreement. Pay the rent in the form of a bank transfer to the landlord`s bank account. You cannot pay the rent with a credit card. A new landlord must also terminate the lease if they wish to terminate it. The lease does not end with the sale of the house (“the purchase does not break the rent”); the new owner will continue with the existing lease. If the new owner wishes to terminate the lease, he is bound by the legal rules of termination. The landlord cannot prematurely terminate a short-term lease of less than two years. A tenant can do this. For the tenant, a notice period corresponding to the payment period applies. You can complete the contract electronically or in print.
Print at least two copies of the contract and sign it from the landlord(s) and tenant(s). .