rental agreement
You will find answers to all of your questions regarding the rental agreement below. Do you have additional questions? Feel free contact us directly.
There are various types of rental contracts. Many types of contracts have been created due to freedom of contract between parties. The landlord and tenant are free to develop their own agreements. For an overview of the various rental agreements, click here.
A private unit has its own kitchen and toilet. If the kitchen and/or toilet are shared with occupants of another room or unit, this is a communal dwelling. Note: the actual situation prevails. If your rental agreement states that you are renting a private unit while you share a toilet or kitchen, the contract is incorrect. Not sure? Have a look at our examples of Private and Communal Dwellings.
Examples of private units are:
- single-family dwellings (detached housing, corner housing, terraced housing, etc.);
- apartments;
- maisonettes;
- flat apartments.
Examples of communal dwellings are:
- rooms in student housing;
- sublet rooms (rooms rented by other occupant).
A communal dwelling or communal floor is housing in which the units lead onto a communal hallway. Each unit, however, has its own toilet, shower and kitchen. Each unit can be closed and locked. A room or unit in communal housing is therefore a private unit.
In the Netherlands, a deregulation limit for 2019 has been set at 720,42 euros. If your rental agreement was concluded in 2019 and your base rent (i.e. excluding service costs) is lower than 720,42 euros, then your contract is not liberalised. If your contract was concluded prior to 2019, a different deregulation limit will apply. Click here for more information.
If your base rent amount was lower than the deregulation limit at the time of signing, your rental agreement is not liberalised.
Note: your rental contract may state a base rent amount that is higher than the deregulation limit. However, you don’t know if the rental price is also the maximum rental price. Make sure to always have your rental price checked by the Huurteam to ensure that your rent isn’t higher than the legally permitted limit.
Below you will find calculation examples to clarify whether a rental price is liberalised. We have used the maximum rental prices in our calculations.
Calculation example 1: maximum rental price: 650 euros + service costs 125 euros = 775 euros. Not liberalised
Calculation example 2: maximum rental price: 716 euros + service costs 25 euros = 741 euros. Liberalised
It is important for the base rent to be lower than 710.68 euros. If your rental agreement does not include specification of the service costs, you have an all-in contract. The rental price must first be separated.
Communal rental units such as room rentals are never liberalised!
New legislation came into effect as of 1 July 2016, which permits temporary rental contracts. What does this mean? If a period is clearly stated on your rental agreement, there is a good chance that your agreement will come to an end on that date. The landlord must, however, provide due notice. You must be informed of intent to end the contract a maximum of 3 and minimum of 1 month in advance. If this does not occur, the rental agreement will automatically become a permanent contract. If the rental agreement came into effect after 1 July 2016, the landlord does not need to provide justification for termination of the contract. Are you unsure whether or not your contract is temporary? Upload your contract here and we will check for you.
If a temporary period is not specified in your rental agreement, the contract is permanent.
For questions regarding the duration of your contract, contact the Huurteam directly.
Mediation costs are the payments made to the mediator or real estate agent for their assistance. A mediator can provide mediation on behalf of either the tenant or the landlord. The mediation firm may only charge mediation costs to the landlord.
If the mediator is only working for the tenant and not the landlord, the mediator may charge the tenant. This is only applicable when the rental property is not part of the mediator’s own rental property portfolio.
Landlords, mediators and real estate agents may charge contract or administration costs. These are the costs of service provided by the organisation or individual. Note! These charges do need to be reasonable. Sixty euros is a reasonable amount for administration or contract costs.
You must always terminate your rental agreement directly with the landlord; a period of due notice applies. The statutory notice period is equal to your payment instalment; if you pay your rent monthly, you must provide one month’s notice. If you are unsure about what period of due notice applies, feel free to contact the Huurteam. The rental agreement must always be terminated in writing; this can be a letter or email.
A sublet is a room which is rented out by another occupant of the house. A trial period of 9 months applies in which the contract may be terminated without stating reasons; 3 months’ notice must be provided in such a situation, however. The regular rental legislation applies following this 9-month trial period.
If you have unjustly been charged mediation costs, you can request the firm or landlord return these charges to you. To do this, make use of this example letter.
If the mediator refuses to return the costs, you should initiate legal proceedings.
With a private unit, you usually have a period of 5 years to request return of the mediation costs; in some cases, you only have 3. After this period has lapsed, your claim to having these costs returned expires.
As of 1 July 2016, it is no longer permitted to charge tenants mediation costs for room rentals. Landlords of communal dwellings (room rental) are charged for the mediation costs for representation of both the landlord and the tenant.