Tenancy law

Rental law lawyer Amsterdam

There are different types of rent that rental law distinguishes, such as the rent of medium-sized business premises (e.g. catering establishments and shops), other business premises (office premises) and the rent of residential premises. For each type of lease, a different regime applies to, for example, the lease’s termination method. A rental law lawyer from Fruytier Lawyers in Business has all the knowledge regarding rental law. Are you looking for a tenancy law lawyer in Amsterdam? Then contact us immediately without any obligation. We will be happy to be of service.

The concept of rent explained

Rent is the agreement whereby one party, the lessor, undertakes to make a property or part thereof available for use by the other party, the lessee, and the lessee undertakes to provide consideration, usually consisting of payment of the rent. The lease is a so-called perpetual contract, meaning that the lease is entered into for a definite period or indefinitely.

What is tenancy law and what does it cover?

Rental law covers various aspects and rules related to renting a house, a room, a business premises, such as offices, shops and factories, as well as goods and consumables. Rental law applies to all types of lease agreements. The main components of this area of law are:
1. General provisions: tenancy law begins with general provisions applicable to leases, such as the definition of tenancy, the obligations of the landlord and tenant, and the consideration to be provided by the tenant.
2. Rental agreements: drafting a rental agreement is an important part of rental law. The agreement sets out the rights and obligations of the landlord and tenant, as well as the duration of the lease, rent and other conditions.
3. Rent and rent increase: there are maximum percentages by which the landlord may increase the rent, both for rental housing, freehold housing and business premises, such as shops and catering, and other business premises, such as offices and factories. This section helps determine whether the rent is reasonable.
4. Rent protection: tenants are entitled to term protection. This means that the landlord cannot simply terminate the rent. The purpose of rent protection is to protect tenants’ interests by providing a degree of stability and security. This applies both to the lease of residential premises and the lease of (other) commercial premises. Specific rules apply to residential tenancy law and commercial tenancy law.
5. Disputes and procedures: in rental law, disputes can arise between tenants and landlords. In the Netherlands, it is possible to submit rental disputes to the subdistrict court. There are procedures and rules to be followed to resolve disputes.

What are tenants’ rights?

Within tenancy law, tenants have several rights. Besides rent protection and rental price protection, as described above, the right to maintenance is also among the tenant’s rights. This section stipulates that the landlord is responsible for carrying out structural major maintenance. The tenant is entitled to a well-maintained and safe home or business premises. Depending on what has been agreed in the lease, the responsibility for carrying out minor repairs may lie with the tenant in certain cases.

In addition, the tenant has a right to privacy. Landlords may not enter a home or premises without permission unless there is a valid reason. This could be, for example, to carry out necessary maintenance or in case of an emergency. Business tenants enjoy rights of use. This means they have the right to use the premises or business premises for business activities during the agreed rental period.

What are the rights of a landlord?

Like a tenant’s rental rights, a landlord is also protected by Dutch rental law. A landlord may terminate the lease under specific circumstances. Termination of the lease is allowed at the time of non-payment, misconduct or non-compliance with contractual obligations by the tenant. Also, in some cases, the landlord has the right to review the rent (in the case of long-term leases) and the right to transfer the lease when the leased premises are sold. Additional rights of a landlord may also include the right to service charges, the right to index the rent and the right to inspect a property or premises.

What is a landlord not allowed to do?

A landlord has several duties and responsibilities under tenancy law. Rent law prescribes that a landlord is legally obliged to abide by the following conditions:

• The landlord may not raise the rent arbitrarily or unreasonably;
• The landlord may not enter a dwelling or premises without a valid reason;
• The landlord may not unilaterally terminate a lease;
• The landlord must not discriminate on the basis of gender, race, religion, nationality and disability;
• The landlord may not include prohibited clauses or conditions in the lease.