Tenancy lawyer

Tenancy lawyer Amsterdam

Tenancy law is a multifaceted area of law that relates to the letting and renting of small business premises (e.g. catering establishments and shops), other commercial premises (e.g. office buildings) and residential accommodation. Each type of tenancy is subject to a different regime, for example with regard to the manner in which the tenancy agreement can be terminated. A tenancy law solicitor at Fruytier Lawyers in Business has all the necessary knowledge of tenancy law. Looking for a tenancy law solicitor in Amsterdam? Please feel free to contact us without obligation. We will be happy to assist you.

The concept of rent explained

Rent is an agreement whereby one party, the landlord, undertakes to make a property or part thereof available for use to the other party, the tenant, and the tenant undertakes to provide consideration, usually in the form of payment of rent. The tenancy agreement is a so-called continuing performance contract, which means that the tenancy is entered into for a fixed period or for an indefinite period.

What is tenancy law and what does it cover?

Tenancy law is an important and dynamic area of law that is constantly evolving. As specialists in tenancy law, we assist tenants and landlords in a wide range of issues relating to the letting and renting of residential and commercial premises. Our expertise includes:

General provisions: advising on general provisions applicable to tenancy agreements, such as the definition of rent, the obligations of the landlord and tenant, and the consideration to be provided by the tenant.
Tenancy agreements: drafting a tenancy agreement. The agreement sets out the rights and obligations of the landlord and tenant, as well as the duration of the tenancy, rent and other conditions. We also evaluate tenancy agreements as part of a due diligence investigation.
Rent and rent increases: maximum percentages have been set for the amount by which landlords may increase the rent for rental properties, private sector properties and commercial premises, such as shops and restaurants, and other commercial premises, such as offices and factories. We provide support in assessing rents and rent increases.
Tenancy protection: tenants of residential and commercial premises are entitled to tenancy protection. The basic principle is that a landlord cannot simply terminate the lease unless specific legal conditions are met. We assist both tenants and landlords in a wide range of issues relating to tenancy protection and (the possibility of) termination of the lease agreement.
Disputes and proceedings: disputes may arise between tenants and landlords in relation to tenancy law. In such situations, it is important to act quickly and effectively to prevent escalation. A tenancy law solicitor plays a crucial role in this. We mediate in (tenancy) disputes and help to reach an amicable settlement. If the parties cannot find a solution, one of our tenancy law solicitors can take legal action to protect the client’s interests.

What are the rights of tenants?

Tenants have various rights under tenancy law. In addition to rent protection and rent control, as described above, the right to maintenance is also one of the tenant’s rights. This provision stipulates that the landlord is responsible for carrying out major structural maintenance. The tenant is entitled to a well-maintained and safe home or business premises. Usually, the tenancy agreement stipulates that the tenant is responsible for carrying out minor repairs. What constitutes minor repairs is laid down in a statutory regulation.

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

What are the rights of a landlord?

Just like the tenant’s rental rights, the landlord is also protected by Dutch tenancy law. It goes without saying that a landlord may terminate the lease under specific circumstances. Termination of the lease is permitted in the event of structural non-payment, misconduct or non-compliance with contractual obligations by the tenant. In some cases, the landlord is also entitled to a review of the rent and the right to transfer the tenancy agreement when selling the rented property. 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 house or property.

What is a landlord not allowed to do?

Landlords have various obligations and responsibilities under tenancy law. Tenancy law stipulates that landlords are legally obliged to comply with a considerable number of rules. The government requires landlords to act professionally, especially when it comes to residential accommodation. Advice is therefore important. Examples of rules for landlords are:

If the rented space falls under social or mid-range rent, the landlord may not stipulate a rent that is higher than that calculated on the basis of the points system and the Housing Valuation System;
The landlord of residential accommodation is obliged to inform the tenant of their rights as a tenant;
The landlord may not increase the rent arbitrarily or unreasonably. In addition, the rent increase is usually subject to a maximum;
For additional services provided by the landlord, the landlord may not simply charge anything under the heading of service costs. These must be actual costs incurred or a fee that is reasonably proportionate to the service provided. The landlord must provide an annual overview of the service costs.
The deposit is subject to a maximum and the procedure for refunding the deposit is strict.
Strict rules apply to the termination of a tenancy agreement for residential and retail space. If you wish to terminate a tenancy agreement, early advice is essential.
The landlord may not discriminate on the basis of gender, race, religion, nationality, disability or sexual orientation.
The landlord may not include prohibited clauses or conditions in the tenancy agreement.

Violating the rules can lead to costly conflicts with tenants, fines and even a ban on letting.

Why is it wise to engage a tenancy law solicitor?

Whether you are a landlord or a tenant, tenancy law is full of pitfalls. Every mistake costs you money, time or legal standing. All too often, we see entrepreneurs who only seek help after the situation has escalated. Our tenancy law solicitors prevent it from getting that far. They know the exceptions, know how judges rule and can act quickly when things really go wrong. Have your position assessed in good time.

Can a landlord simply evict you?

The Netherlands has strong tenant protection, especially for tenants of residential property or small business premises (catering/shops). A landlord cannot unilaterally terminate the lease or “just” change the locks. A judge has to be involved. And the judge will only agree to termination if there are legal grounds for termination. Even then, as a tenant, you will still have time to respond or defend yourself. Are you suddenly facing imminent eviction? Do not just accept it, but seek legal assistance immediately. Our tenancy law solicitors will be happy to help you.

Commercial lease agreement

Lease agreements for other commercial premises (office space) offer far-reaching freedom of contract. Tenants have little legal protection, whereas tenants of small business premises are generally much better protected. As tenancy law solicitors, we act for both commercial and private tenants and landlords and litigate on all aspects of tenancy law. We also regularly advise on Airbnb, rental clauses in mortgage deeds or disputes in owners’ associations, as well as answering questions about tenancy law as business assets.

Below is an overview of various specific topics within tenancy law:

Do you have any questions about tenancy law? Feel free to contact us without obligation, one of our experienced tenancy law solicitors will be happy to help you! You can contact us by email, telephone or the contact form.