Rental protection
Rental protection is there to protect tenants from unlawful termination of the contract by the landlord. This rental protection is applicable to tenants of both private units and communal dwellings such as student housing. In other words, students are also entitled to rental protection. The amount of rent charged does not have any effect on these regulations. There are legal guidelines applicable to landlords and tenants such as due notice, rental price, annual rent increases and maintenance obligations. These guidelines are usually clearly described in the rental agreement. Unfortunately, we do run into situations where landlords do not honour the legal guidelines; sometimes intentionally but also because they are not familiar with the complicated rental regulations.
Due notice from landlord:
If you rented your room or property before 1 July 2016, a temporary rental contract does not apply. The landlord may not terminate the rental agreement. If necessary, the landlord will have to seek a court ruling to terminate the contract.
As of 1 July 2016, a landlord may initiate a temporary rental agreement. If you rented your room or property after 1 July 2016 and you have a contract of limited duration (the end date is recorded in your contract), the landlord must provide 1 – 3 months’ notice before terminating the contract. If the landlord does not terminate your contract, it will automatically become a permanent contract.
In some cases, the tenant will rent for a minimum period; neither the tenant nor the landlord may terminate the contract within this period.
A contract may never have both a minimum and a maximum period.
In other words:
- There are legal regulations that landlords must observe. The legal regulations will always apply before any other agreements between landlord and tenant.
- The landlord must always provide written intent for terminating the contract.
- The landlord must provide due notice.
- The cancellation period for tenants is equal to the payment period. If you pay rent monthly, due notice is a period of one month. Please note: this does not apply to a minimum rental period!
Have your rental contract assessed by the Huurteam! Send your contract to us or read more information in the frequently asked questions.