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 protection of the tenant: no Can the tenant have the number of points tested by the rental committee: yes, up to 6 months after the end of the lease The Dutch Civil Code states: „Rent is the agreement in which one party, the owner, undertakes to another party, the tenant, to allow him to use an object or part of an object, for which the tenant undertakes to pay compensation. If the lease ends, but the landlord does not yet intend to live in the house, it is possible to enter into the same lease with a new tenant. Article 3.5 provides that the tenant loses a fine if he does not leave on the agreed date. If the tenant raises the fine as part of a legal proceeding, the court cannot always authorize the fine. Source: Dutch Central Government and Dutch Civil Code. What are the temporary rental options? How should tenants and landlords terminate the lease? The tenant has the right to terminate a model B lease at any time if he wishes. He must respect a notice period of one month. In the meantime, the landlord cannot terminate the lease. The owner is therefore bound by the agreed duration. Tenants who want a minimum rental period are therefore advised not to sign a Model B lease. But the landlord, who wants to have absolute certainty about the departure of the tenant according to the agreed duration, is wise to choose the lease according to model B.
The lessor may not prematurely terminate a short-term lease of less than two years. A tenant can do this. A notice period corresponding to the payment period applies to the tenant. Apartment leases can be divided into three main categories: There are different models of leases. Please note that an oral agreement/contract is legally valid but is not widely used (mainly for security reasons). Since an oral agreement is more difficult to prove, you should take a witness with you if you want to make an oral agreement. 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. 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). Do you have a fixed-term lease of more than 2 years (for an independent apartment) or 5 years (for a non-independent apartment)? Or do you have a fixed-term lease that was signed before July 1, 2016? This is not a temporary agreement. The contract cannot be terminated before the end date unless the tenant and landlord agree. The rental does not end automatically with the end date. The tenant and landlord must terminate the contract by written notice by registered mail. Owners can offer fixed-term rental contracts (in Dutch) for 2 years (private sector independent apartments) and for 5 years (non-independent apartments). Independent means having your own entrance as well as a kitchen and bathroom. In some cases, landlords may terminate a lease if the property needs to be vacated urgently, for example for personal use.
Temporary rental of an apartment for sale is possible. The tenant has the legal right to terminate a rental agreement 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 to have absolute certainty about the tenant`s departure after the agreed term, is wise to choose the lease according to Model B. Fortunately, many leases have been specifically tailored to the needs of expats and include an English translation. A rental agreement does not need to be made in writing. An oral agreement is also valid, but more difficult to prove. You should take a witness with you if you want to make an oral agreement.
Features Rental agreement Model A Target group: an investor with 1 or more properties, who in principle does not want to live in the house itself Term contract: usually starts with 1 year, then continues indefinitely Cancellable by the tenant: yes, per calendar month after the end of the fixed term (usually 1 year) Cancellable by the owner: Yes, after the 1st fixed period. But a cancellation is difficult and only with good reasons (e.B. the tenant does not pay, the tenant causes harassment, etc.) To the legal protection of the tenant: yes, complete Can the tenant check the number of points of the lease: yes, up to 6 months after the start of the lease Short-term lease of less than two years Houses are rented subject to a lease. The agreement sets out the terms and conditions agreed to between the tenant and the landlord. It indicates the amount of the rent and whether the rental is fixed-term or indefinite. It should be included: Most leases offered as fixed-term leases are considered by law to be permanent leases with a minimum fixed-term 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. 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 leases in the Netherlands are suitable for tenants. However, expats should be extremely careful when signing, as leases define the rights and obligations of both parties. Home of Orange uses leases and terms and conditions drafted by Hielkema Lawyers in Amsterdam.
A sense of security! If your lease includes a rental price that includes more than just the use of the property, this is considered an all-inclusive price. In this case, you can request a specification and cost separation. If a landlord charges you all-inclusive rent, they can be fined by law. This means that you may be able to save a lot of money by contacting a legal expert. The rules for rental properties in the Netherlands may very well differ from those in your home country. This article covers the basics of the Dutch rental protocol. It describes what types of rental properties are available in the Netherlands and what you can expect from everyone. It is so important to familiarize yourself with the rental rules! This will help you enjoy the selection and move to your new Dutch property without any misunderstandings. Brief explanation model of lease A With this type of lease, the tenant benefits from complete rent protection. .