Download a sample lease here and find out more about leases and why they are so important.
Formalise it with a lease
It is very important that arrangements between two parties are formalised and put on paper, and the same goes when renting or letting a property. Have you found your ideal home or tenant? Always draw up a lease to avoid unpleasant situations in the future and limit any risks. In this article, we’ll tell you more about taking out and terminating a lease, as well as sharing a sample lease.
Taking out a lease
“A rental agreement involves one party, the landlord (or lessor), undertaking to provide the other party, the tenant (or lessee), with a property or part thereof and the lessee undertaking to provide a quid pro quo” (Dutch Civil Code, Book 7, Article 2010).
Rooming knows from experience that drawing up a lease is not easy. To make the whole process a little easier, here are a few elements you’ll always find in a ‘standard lease’.
Please note: the landlord and tenant can always decide to add their own, specific agreements to a lease. However, it is important to remember that a contract containing elements that are not permitted by law, such as increasing the rent by more than legally permitted amount each year, is not legally valid.
A lease may contain the following elements:
- The names of the tenant and the landlord;
- The rent (+ deposit + agreements regarding ‘with or without bills’);
- A description of the property;
- The effective date of the contract;
- The duration of the lease (Most lease contracts have an indefinite term);
- Payment method;
- The date on which the rent will be increased, if applicable;
- The house rules;
- Signatures of both parties.
Terminating a lease – by the landlord
Landlords are required to inform every tenant party to the contract of their intention to terminate the lease in writing and at least three months in advance (by registered mail). In this letter, the landlord must also state their reasons for terminating the lease and request the tenant(s) to agree to the termination in writing within six weeks, as this is necessary to make the termination ‘official’.
Note: first of all, check whether you are letting your property under the Vacant Property Act or whether the lease has a fixed term. In these situations, there are various other legal measures that you can take.
Terminating a lease - by the tenant
It is important that you terminate your lease in writing by registered mail. You do not have to state your reasons for terminating the lease. If your lease has a fixed term, you can only terminate your lease after the term has expired.
Please note: as a tenant, you will have to observe a predefined notice period equal to the term of payment, i.e. a minimum of 1 month and a maximum of 3 months. If you want to terminate a lease prior to the notice period, you will have to ask the landlord permission first.
Rooming has drawn up a lease template that you can use, but please note that not all contracts are the same and that you may want to add sections or agreements of your own.
(No rights can be derived from the previous written article by Rooming. For more information, Rooming recommends visiting the website of the Dutch Central Government or to seek professional assistance).
Source: the Dutch Central Government and the Dutch Civil Code.
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How should tenants and landlords terminate the lease?