Explanation of our Rental Agreements

We offer a four 4 model rental agreement plan. They must be used in different situations and are explained in detail below.

Types of Rental Agreements

Our different models

A selection of our documents are shown below, this is what you will find an offer form or rental contract will be signed. We use these forms to make sure tenant and lessor have their agreements written in paper, so that in case of dispute parties will be able to look back and see what has been agreed upon.

All of our documents have been checked by a legal team so you can rest assured that documents used are correct in any case. We also offer the possibility to use our documents if you have not rented out your property through The Rental Shop. Please contact us for more information.

 

Offer Form

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Rental Contract | Definate

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The Rental Shop

The Rental Shop

All information has been selected with the best care. Do you miss any information? Please let us know.

4 Model Overview

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These models relate to the lease of independent accommodation.

The General Provisions Rental Agreement is part of every rental agreement. Both the rental agreement and the General Provisions Lease Agreement must be handed over to both parties (landlord and tenant) before or at the conclusion of the lease. Both parties place an additional signature at the bottom of the lease in order to confirm the receipt of the General Provisions Rental Agreement.

In general, it is wise to read the text of the model with each new lease agreement critically in order to see whether that text correctly and fully reflects the situation at hand and the agreements made between the parties. If necessary, the text should be adapted accordingly.

All these models are written from the owner’s interest.

The rental right for housing is complicated. It may be wise to seek expert legal advice when using the models to avoid later disappointments.

If a part of the text in the model lease does not apply, it is advisable to pass that part of the text visibly instead of removing it (invisibly).

For all models, the key data of the lease agreement must be entered in Article 1.

As far as the rent increase is concerned, a distinction must be made between liberalized rental (also referred to as free sector) and non-liberalized rental (also referred to as social rent): 
In the case of liberalized rent, it has been decided to automatically increase the rent annually with effect from 1 July. maximum regular percentage that the Minister establishes annually for non-liberalized rent. Although this is not strictly necessary, it is recommended to announce this rent increase to the tenant. (Article 5.1 and Article 5.1 of the General Provisions) 
In the case of non-liberalized rent, the same percentage applies, but the rent increase must be officially announced by means of a form. (Article 5.2)

In the case of deregulated rent, it is also possible to adjust the rent every three years to the market level. This regulation can be found in article 5.2 – 7 of the General Provisions

In Article 4.2, the bank account number of the tenant’s broker must be entered.

Article 9 must state the names of the broker (s) who brokered the realization of the lease.

The sanctioning of a valid energy label (also referred to as energy performance certificate or energy index) on the failure to issue the rental agreement by the landlord.

It is recommended, from the position of the landlord, always to attach an energy label of the house to the lease, because in the vast majority of cases this leads to a better score according to the housing valuation system. Discussions about whether a lease is liberalized or not can thus be more easily prevented.

From article 10 (in model D from article 11.10) it is possible to mention special agreements. It is generally recommended to record all (special) agreements made in the rental agreement.

In article 11 (in model D article 12) agreements can be made in which the general provisions are deviated from.

If the house is heated by means of district heating, a heat-cold installation (WKO) or by means of a central heating boiler that heats more homes (block heating), the Heat Act may apply. In that case, the law prescribes that in addition to a rental agreement, a separate heat supply contract is concluded with the tenant. Please take that into account.

Models Explained

If the parties do not want a temporary lease (fixed-term lease), they can use this model for an indefinite period.

In Article 1.5 under b a date can be entered to which neither party can terminate the rent. Although this is not likely, 100% can not be excluded that, if this is used, the rental agreement qualifies as a lease for a maximum of 2 years (see Model B below). The (particularly small) risk of this can be further limited by stipulating in this lease that it is not for an indefinite period of time, but for a definite period of at least 2 years and 6 months (eg 3 years).

The law stipulates that the notice period that the tenant must observe must never exceed the agreed payment term. Because by far the most rental agreements are agreed that the rent is paid per month, this means that the legal notice period of the tenant is one calendar month. The law also stipulates that the notice period of the lessor is at least three months. There will be one month for each full year that the lease has lasted, with a maximum of six months. (Article 3.2).

The tenant has full rental protection with this model.

The tenant has the possibility to let the tenancy committee determine whether the agreed rental price is not too high. The tenant has the time up to 6 months after the start of the lease. If the property is worth more than 145 points, it is liberalized and falls into the free sector. The rental commission will then leave the rent unchanged. If the property is worth 145 points or less, then the rental committee will determine the rent at the maximum legal level associated with the point of the house. The tenancy committee will do so retroactively until the start of the tenancy agreement. 

The fixed-term lease for a maximum of 2 years is new. This option has been included in the law since 1 July 2016 and is intended for the situation that the tenant actually leaves after the agreed time. The tenant does not have rental protection with this model. He must therefore leave at the end of the contract (provided the landlord has sent him a written notice about the end date, see below under 27).

This rental agreement is possible for a maximum period of 2 years. A shorter period is also allowed. Not a longer period.

The law stipulates that if the lease is concluded before 1 July 2016, the old statutory regime (with full rent protection for the tenant) will apply. This is even the case if the lease agreement starts on or after 1 July 2016. We therefore recommend that this contract be dated and actually only signed on or after 1 July 2016, even if the contract takes effect on 1 July 2016.

Renewal of the lease with a certain term is not possible. If this happens, the rental agreement automatically changes into a lease for an indefinite period. Example: if a lease agreement has been agreed for 1 year and is then renewed for a further year, the lease contract will automatically change into a lease for an indefinite period as from the renewal, whereby the tenant has full rent protection.

The rent ends automatically after the agreed term. This means that cancellation of the rent by the landlord is not necessary. However, the landlord must timely send a written notice to the tenant, in which the agreed end date of the contract is communicated to the tenant. This announcement does not contain more than the following text: ‘In this case, we inform you that the lease for the house located at the …. to … .., that you rent from ……. , ends with …………… ‘. You can still add subjects, such as that you want to make agreements about delivery by the tenant and handing in the keys. This notice may not be sent earlier than 3 months before the end date and no later than 1 month before the end date. It is advisable to send this written notice by registered mail (possibly also by e-mail and regular mail). This written communication is very important. Forget the landlord to send it in time, then the lease automatically changes in a rental agreement for an indefinite period, whereby the tenant has full rent protection.

With this model, it is not allowed to agree on a minimum initial rental period during which the tenant can not cancel the rental. In this model, the tenant has the legal right to cancel the rent whenever he wants. He must observe a notice period of 1 calendar month. This is a disadvantage compared to the lease for an indefinite period, although a minimum initial rental period may be agreed.

The tenant has the possibility to let the tenancy committee determine whether the agreed rental price is not too high. For this model the tenant has the time to 6 months after the end of the tenancy agreement. If the property is worth more than 145 points, it is liberalized and falls into the free sector. The rental commission will then leave the rent unchanged. If the property is worth 145 points or less, then the rental committee will determine the rent at the maximum legal level associated with the point of the house. The tenancy committee will do so retroactively until the start of the tenancy agreement. 

The fixed-term lease with a diplomatic clause is for the situation that tenant and landlord agree that the lease is temporary, because it is the intention that the landlord will occupy the house itself after the agreed rental term.

There is confusion about the concept of diplomatic clause. One understands something different than the other. For a clear explanation, please refer to: this link

This tenancy agreement must be terminated by the landlord in time, as explained in point 20 above.

It is possible that the rent is extended for a certain period of time, for example if the landlord wishes to stay elsewhere for longer than planned. To this end, a regulation has been included in Article 3.1. The landlord must then inform the tenant in writing at the latest 2 months before the end date of the rental agreement that the lease is extended by a period to be chosen by the landlord. It goes without saying that the new period will be linked as much as possible to the new date on which the landlord expects to live in the home. The tenant then has the right to cancel the rent. It is advisable to send this letter (and by e-mail and by ordinary mail) to the tenant.

It is possible to repeat such an extension (within certain limits).

If the rental agreement comes to an end, but the landlord does not yet intend to live in the house, it is possible to enter into the same lease agreement with a new tenant with a diplomatic clause.

Article 3.3 stipulates that the tenant will forfeit a fine if he does not leave on the agreed date. If the tenant raises the fine, it is not certain that the fine will be awarded by the court.

The tenant has the possibility to let the tenancy committee determine whether the agreed rental price is not too high. The tenant has the time up to 6 months after the start of the lease. If the property is worth more than 145 points, it is liberalized and falls into the free sector. The rental commission will then leave the rent unchanged. If the property is worth 145 points or less, then the rental committee will determine the rent at the maximum legal level associated with the point of the house. The tenancy committee will do so retroactively until the start of the tenancy agreement. 

The model rental agreement Leegstandwet is exclusively intended for the situation that the property is for sale. This could be a property: 
– previously occupied by the owner; 
– which was previously rented in an ordinary manner (ie not on the basis of the Vacancy Act) and was therefore inhabited by a tenant. 
There are different rules for these 2 types of houses for sale. These will be mentioned below.

Vacancy law rental is only possible after a previously obtained Vacancy Act permit from the municipality. In the lease agreement various details of the Vacancy Permit must be stated: see Article 1.5 under c to g. If this is not met, the Vacancy Act does not apply and the tenant is entitled to regular rent protection.

In the case of Leegstandwetverhuur the tenant does not have rental protection. This means that the lessor can terminate the rent if he wishes with due observance of the normal notice period (see for the notice periods mentioned in point 20 above).

In the case of Leegstandwetverhuur the home valuation system does not apply if it concerns a house that was previously occupied by the owner. This means that the renting price is free and the tenant can not submit the rent to the tenancy committee for review. In Article 1.5 under g, it must be stated in this case that no maximum rental price is stated in the permit.

In the case of Leegstandwetverhuur, the home valuation system does apply if it concerns a house that was previously rented in an ordinary manner (ie not on the basis of the Vacancy Act). The maximum rent is then stated in the permit. This means that the tenant can submit the rent to the tenancy committee for review. In Article 1.5 under g the maximum rental price stated in the license must be stated. If the property is worth more than 145 points, then the housing valuation system does not apply and the rent can be freely agreed.

The model assumes that no end date of the rent is recorded. That has the following reason. If a rental agreement is agreed for a definite period, the rental agreement can not in principle be terminated prematurely by the lessor. According to some judges also not if that is regulated in the lease. It is therefore risky to agree that the rent, for example, lasts 2 years, and that if the property is sold earlier, the landlord can cancel the rent earlier for that reason. It is therefore better not to agree on a rental term. After all, the lessor can cancel the lease at Leegstandwetverhuur whenever he wants, without the tenant having rental protection. He must, of course, keep an eye on the end date of the Vacancy Permit and, if necessary and possible, extend it in good time.

The law stipulates that the minimum initial rental period for a house that was formerly occupied by the owner is 6 months. It is recommended to agree an initial rental period of 6 months. During that first 6 months the rent can not be canceled (Article 1.5 under b).

For a house that was formerly occupied by a tenant (not on the basis of the Vacancy Act) a minimum initial lease term applies of 3 months. It is recommended to agree an initial rental period of 3 months. During the first 3 months the rent can not be canceled (Article 1.5 under b).

A Vacancy Act permit is always temporary and should, if desired, be extended in time by requesting it from the municipality. If the landlord and tenant wish to extend the tenancy agreement on the basis of the Vacancy Act until a date after the permit period, the landlord will have to request an extension of the permit from the municipality before the end of the tenancy agreement. If he does not do so (in time), the tenant can rely on rent protection. Even if the permit is renewed, but the landlord forgets to inform the tenant before the end of the tenancy agreement. Even then the tenant can rely on rental protection.

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