Rental contracts in the Netherlands are tenant-friendly. However, expats should be extremely careful when signing, as leases define the rights and obligations of both parties. Diplomatic clause: the owner and the tenant have the right to terminate the contract at any time before the end of the lease: a) in the event that the place of work of the owner is moved to a place located less than 50 kilometers from the rental property; (b) where the lessee`s place of work is moved to a place more than 50 kilometres from the rental property. In this case, notice of termination must be granted: A vacancy permit is always limited in time and must be extended in good time upon request by contacting the municipality. If the landlord and tenant wish to extend the lease on the basis of the Vacancy Act until a date after the approval period, the landlord must apply to the municipality for an extension of the permit before the lease expires. If he does not do so (in time), the tenant can invoke the protection of the tenant. However, if the permit is renewed, the landlord forgets to inform the tenant before the end of the lease: even then, the tenant can invoke the tenant`s protection. While most words derived from “diplomacy” are buzzwords reminiscent of immunity and exceptions that apply to the privileged few, there is at least one usage that refers to duties rather than privileges. Having a diplomatic clause in your lease or not can make all the difference – whether you`re a landlord or a tenant. This article explains the different scenarios. Errors in leases can have serious consequences for landlords, as tenants enjoy great protection from Dutch rental law. This means that landlords often face unwanted surprises such as a sharp reduction in the price of rent or the conversion of a fixed-term lease into a permanent lease. A maximum rental price is associated with each score.

If a room or house/apartment is rented with a maximum score of 140, a landlord cannot charge a higher rental price than the price associated with the score. The above properties are considered social housing (social huurwoningen) Often people conclude rental contracts for a certain period of time or indefinitely with a minimum rental period of one year. In principle, both parties cannot terminate the final contract or the contract within the first year. However, if you have included a diplomatic clause 2, it is possible to terminate the final contract or contract within the first year. This way, you avoid unnecessary rental costs. Such a clause may offer the landlord the opportunity to return to their own home after the lease expires. However, the diplomatic clause is often misapplied, which means that the owner can no longer invoke the diplomatic clause. The termination of a rental contract must be done by registered mail. Haagen & Partners can help you prepare the official registered letter to the owner. In the case of the Vacancy Act, the home valuation system does not apply if it is a house that was previously inhabited by the owner (if a house is for sale). This means that the rental price is free to determine and the tenant cannot submit the rental price to the rental committee for review. Important: If you decide to share a unit with a colleague, make sure both names appear on the rental agreement.

This is for your own protection: If e.B. Your “roommate” decides to leave or is transferred, you always have the right to stay in the apartment. And to register in the city register, you must provide proof (i.e. the original and signed rental agreement) that you live at this address. This is contrary to Dutch lease law. According to the Dutch Civil Code, it is not possible to conclude a fixed-term (regular) lease with another fixed term. When a fixed-term contract is renewed, it is automatically converted into a contract of indefinite duration. It is not possible to derogate from this rule.

Once the lease has been converted into a contract of indefinite duration, it becomes much more difficult for the landlord to terminate the lease. Adding a diplomatic clause to the lease can facilitate the termination of a lease; however, a court order is still required. Such a diplomatic clause must provide for two conditions: that the rental property be released in the event that the owner himself wishes to live in the rental property after the end of the rental period agreed in the contract. And that the landlord has a legitimate interest in the lease ending. The court only makes a decision terminating the lease if both elements are included in the clause. Such a diplomatic clause is often used by Dutch nationals who live temporarily abroad and work as part of a secondment; They will mostly want to rent out their home and want to make sure that once their detachment is over, they can force the tenant to leave if they pressure it to become difficult. A diplomatic clause can also serve the interests of a tenant. In most cases, such a clause means that the tenant can terminate the lease even before the originally agreed date of termination of the contract.

After reaching the end of this article, you may want to check if your lease includes a diplomatic clause. If you are not sure, seek the help of an expert. There are different models of leases. Always make sure you use the right agreement. In the following, we briefly explain what types of agreements there are and what are the main differences between agreements. It doesn`t matter what type of contract you have or when and how you want to cancel it. You should always inform your landlord in a timely manner of the date on which they wish to terminate The second form applies to employers who wish to provide housing to their employees who work away from home. As an employer, you don`t want to be bound by a lease if your employee has to leave. Therefore, you must include a diplomatic clause in the rental agreement (hereinafter: “diplomatic clause 2”). (a) for at least one calendar month.

This protects the landlord if you decide to terminate the contract, so you can use diplomatic clause 1 to ensure that the tenant will eventually leave your home. Leases often stipulate that a fixed-term lease is automatically extended for another limited period. Like what. B a one-year lease, which is extended for another year, unless one of the parties terminates the contract. In the Netherlands, landlords are not allowed to charge flat rental prices. The rental price and the compensation of the service fees must be separated. Landlords who apply an all-inclusive rental price run the risk of receiving much less compensation from their tenant. 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. b) At least three months, plus one month for each year in which the property was rented.

It is easy for expats to be confused by the different types of rental properties that exist in Holland. Complications related to housing contracts are also common. To avoid unpleasant surprises, read on! This page covers the different types of contracts you can choose and explains how they should be arranged and terminated. If you return home and the tenant is not willing to leave the house on the scheduled date, you will have to go to court to terminate the contract. However, the Dutch Civil Code is strict. A judge can only assign a claim upon termination of the agreement in a few specific situations. A diplomatic clause 1 is one of those specific situations. Due to COVID-19, the inclusion of a diplomatic clause 2 is now more relevant than ever. Many expats left the country before the end of the rental period.

Their temporary apartments remained empty. Our Dutch Landlord-Tenant Lawyers represent landlords and tenants facing a wide range of legal issues. .