All details of rights and obligations must be clearly stated in the lease. In general, the obligations of tenants are as follows: 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. 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. For an investor with multiple properties, it is advantageous for a tenant to rent for as long as possible. However, if you move abroad to work or travel abroad for several months, this does not apply. In this case, it is important to know that the lease has been drafted in such a way that you can return home at the desired time. Home of Orange is up to date with the latest regulations, advises you on the model contract that best suits your situation and ensures that a legally correct rental agreement is established. Living space leases can be divided into three main categories: This is a lease with a maximum term of two years. It is therefore also possible to conclude a rental contract for e.B eight months, for one year or for seventeen months.

As long as the rental period does not exceed 24 months. It is not possible to extend a Temporary Model B lease once it has been concluded. If the lease is still extended, the “model B lease for a certain period of time” automatically turns into a model A lease for an indefinite period with rental protection for the tenant. The tenant does not have to leave the house on the agreed end date. However, it`s important to remember that when you rent a room, you often don`t have to sign a formal lease. Your agreement usually exists with your roommates. For this reason, it`s a good idea to create a simple unilateral agreement or ask for something to be written to protect you, especially if you`re asked to pay a rent deposit in advance. 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. 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.

Short-term lease of less than two years If you rent in the Netherlands, you can have a written or verbal agreement with your landlord. However, it is strongly advised to enter into a written agreement signed by both parties. Dutch rental law is complicated and a tenant often enjoys a lot of protection. Probably even more than you realize as an owner. You must therefore determine in advance which form of contract is best for your situation. 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. Brief description Model B rental agreement Since July 1, 2016, it is possible to conclude rental contracts for independent living spaces for a maximum period of two years.

The tenant has no rental protection for this type of lease. If the landlord wishes, the tenant must leave after the agreed rental period. A “Model B lease of up to two years” does not have to be terminated. The prerequisite is that the landlord informs the tenant in writing between three months and one month before the end of the contract that the rental agreement is limited in time and that the tenant must leave on the agreed end date. It is advisable to send this written notice by registered mail. If this notification is not sent by the landlord or is not sent at the right time, the “model B fixed-term rental agreement” automatically turns into a “lease for an indefinite period (model A)” with rental protection for the tenant and the tenant does not have to leave the house on the agreed end date. There are two types of leases; an agreement for a limited or indefinite period. 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. A rental contract is valid for a fixed or indefinite period. An agreement for a certain period of time includes an end date. Do you have a fixed-term lease of up to 2 years (for an independent apartment) or up to 5 years (for a non-independent apartment)? If the contract was concluded on or after July 1, 2016, your rental will automatically end on the end date indicated in the contract. The landlord must confirm this in writing at least 1 month – but no later than 3 months – before the end of the lease. As a tenant, you can also cancel your rental before the last appointment. The landlord will refund the deposit when you move, minus the money you owe for rent arrears or damages. Your landlord must legally refund you the deposit at the end of the rental and you can sue him if he refuses. To protect themselves, you should have them sign a written document detailing the condition of the property at the time you move in. 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. The landlord may only terminate a rental agreement for an indefinite period of time on the basis of one of the legal grounds for termination pursuant to Article 7: 274( 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. The Dutch Civil Code states: “Rent is the contract 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. » Features Rental agreement Model C Target group: the owner who is not (yet) sure when he/she wants to return in Duration of the contract: according to the wishes of the owner (e.B.

1 year), the owner wants to live in the house again in the future, but does not know exactly when this will be cancellable by the tenant: Yes, the tenant can terminate per calendar month after the first fixed period (e.B. 1 year) Cancellable by the owner: Yes, the owner can terminate after the first fixed notice. The notice period for the owner is at least 3 months and a maximum of 6 months An extension is possible: Yes, if the owner stays longer than the agreed parties, the rental period can be extended in consultation with the tenant for a period to be determined If the tenant has the protection of the tenant: no Can the tenant have the points count checked by the rental committee: yes, up to 6 months after the start of the rental contract If a regular fixed-term rental contract with a rental period of more than two years is concluded, other regulations apply. This lease is very similar to an open-ended lease. Home of Orange uses leases and terms and conditions drafted by Hielkema Lawyers in Amsterdam. A sense of security! Leases in the more expensive private housing sector have been liberalized; the tenant and the landlord have more freedom to agree on the rent and services provided. .