Rental agreement

A tenancy agreement, commonly referred to as a rental contract, forms the basis of every rental relationship and regulates the rights and obligations of both the landlord and the tenant. It is a legal agreement whereby the landlord undertakes to allow the tenant to use a property or part thereof. The tenant, in turn, undertakes to provide consideration, usually in the form of rent.

Dutch tenancy law, as laid down in Book 7 of the Civil Code (BW), provides a comprehensive legal basis for structuring these agreements. This legal system strikes a balance between the interests of landlords, who want to protect their property and generate income, and tenants, who are entitled to stability and a well-maintained living or working space. Much of the tenancy law in the Act is mandatory in nature. Parties would do well to take these rules into account when drawing up a tenancy agreement.

Our solicitors have in-depth knowledge of tenancy law and assist landlords and tenants at every step of the process, from drafting and reviewing contracts to resolving disputes.

Types of tenancy agreements

Tenancy law recognises different types of tenancy agreements, depending on the nature of the property being rented:

  • Residential accommodation: This concerns self-contained and non-self-contained residential accommodation. In this case, the tenant enjoys extensive tenancy protection, as regulated in Articles 7:232 et seq. of the Civil Code.
  • Commercial premises: These include retail premises and catering establishments. This category has specific rules regarding rent reviews and the minimum lease term.
  • Other commercial premises: For example, office space or storage space, where the law offers parties more freedom of contract.

Our solicitors have extensive experience with all types of tenancy agreements and assist both landlords and tenants in drafting, assessing and complying with these agreements.

General provisions and customised tenancy agreements

Many rental agreements use standard models, such as those of the Real Estate Council (ROZ). These models contain extensive general provisions that can provide a solid basis for the rental of residential, retail or office space. However, standard models do not always fit the specific situation of the parties seamlessly. In such cases, customisation is required.

For example

  • Adjustment of provisions regarding maintenance obligations.
  • Specific agreements regarding the use of the rented property.
  • Establishing exceptions to general provisions.

Nor can one blindly trust that the content of such agreements is enforceable. There have been several instances in which provisions from standard agreements have been ruled inapplicable or even annulled by the courts. Our solicitors can assist you in drawing up customised tenancy agreements that you can rely on and that do justice to your situation and legal interests.

What is the minimum content of a lease agreement under Dutch tenancy law?

There are a number of basic elements that are absolutely essential. These include:

  • Who is renting from whom;
  • What exactly is being rented (residential property, retail premises, office space?);
  • The rent and when it must be paid
  • And the term of the agreement.

Furthermore, it must be clear what the agreements are regarding termination, service costs and any deposit. Please note: certain types of leases are subject to additional rules that you cannot simply ignore. Do not be surprised by small print or model contracts that do not suit your situation. Are you unsure? Have your contract reviewed by one of our tenancy law solicitors.

When is customisation necessary when drawing up a rental agreement?

Standard contracts seem convenient, but rarely fit your situation exactly. Customisation is necessary as soon as anything deviates from the standard. Think of special agreements about renovations, different terms, exclusivity clauses or service charge constructions. For example, are you renting to a start-up catering entrepreneur in a historic building? Then standard provisions on maintenance and liability are simply not enough. And even with office space, where freedom of contract is the norm, a landlord or tenant can quickly commit to unfavourable terms.

Rights and obligations of the landlord and tenant

A tenancy agreement (rental contract) entails mutual rights and obligations:

  • Landlord: Obliged to provide peaceful enjoyment of the property and to maintain the rented property, unless otherwise agreed.
  • Tenant: Obliged to pay the rent on time and to use the rented property correctly. The tenant must comply with the contractual provisions, such as a prohibition on subletting.

How can a solicitor help me draw up or assess a tenancy agreement? / How can a solicitor help me?

Our tenancy law solicitors look beyond the text of the contract. They ensure that you do not get caught up in small print or unfavourable conditions that you may overlook at this stage. Whether you are a landlord or a tenant. We identify risks, translate the legal frameworks to your situation and ensure that the agreements are not only legally sound, but also workable in practice. Especially when it comes to commercial property, customisation is not a luxury, but a necessity.

In the event of disputes about these obligations, legal assistance can be essential to reach a solution. We are ready to assist you in this.