Tips & Tricks Owner
In the Netherlands the tenant is very well protected. They are protected so well that with many owners the fear arises that they won't be able to get their tenant out of the house. If you are also afraid of this, it is good to be aware of the following.
The rights of the tenant lie with the civil code (Burgerlijk Wetboek, BW). It can be concluded that the BW offers the tenant more protection. This implies that for the owner it isn't easy to terminate the rental agreement just from one side. The law only allows this in a limited number of cases. This would usually involve things such lack of payments or nuisance. Under certain circumstances the one-sided termination is possible in cases where the rental contract has been set for a limited period of time.
Rent out for a specified period of time
Tenancy laws provides the possibility of a rental contract for a set time period. The contract must then include a clause which stipulates that the owner (or occupier) of the rented accommodation will reside in the house again after the rental period. Referring to the grounds for termination, the landlord may in due course unilaterally rescind the lease. There should always be a notice period.. This period is at least three months.
It's clear that with expats, and also in other cases of temporary renting, there is a lot of talk about a situation where it is obvious to put the issues on paper, in a manner as indicated above. Even then, of course, it remains important to proceed carefully with the choice of the tenant. This gives the best guarantee that the tenant adheres to the agreements and that you, as a landlord, can enjoy renting out your property.
Let op: bedoeld beding is niet van toepassing in de situatie waar de woning ook te koop staat. Wordt de ‘in de verkoop staande’ woning verhuurd dan kan opzegging in beginsel alleen plaatsvinden met wederzijds goedvinden. Anders is dit wanneer u tijdelijk verhuurt op basis de Leegstandwet.
1. Don't be too rushed
You would like to know if your future tenant earns enough to be able to pay the rent. But the candidate-tenant has the right to not answer this question. You also cannot demand a proof of income. The relationship between owner and tenant relies on mutual trust. But if the candidate-tenant doesn't want to provide you with this information, this could be a reason to continue your search for a different tenant.
2. Start with a short-term contract
The rental agreement has to be written as accurately as possible in order to avoid any misunderstandings. A new rental agreement usually holds for a period of 9 years. It can however also be valid for a shorter period, such as 3 years or less. Some owners may set up a rental agreement for 1 year to be able to get to know their new tenant first. However, if after 3 years nobody has terminated the rental agreement, then it is automatically reset to a rental agreement of 9 years. Be mindful of this.
3. Refuse any professional activity
Some tenants deduct part of the rental price as business expenses. The taxman will then tax you more heavily. Explicitly mention in the contract that every use for business purposes is strictly prohibited and that the tenant is responsible for any fiscal consequences if he decides to ignore this.
4. Demand a rental deposit
You are in no way obliged to ask for a deposit. Doing so however, is in your best interest. Be sure to include this in your rental agreement. The law has a say in two cases: either a deposit of maximum
5. Set up a description of the location beforehand
When location details are lacking (set up by a mutual agreement or an expert) it will be possible that with the termination of the rental agreement it is provable that the tenant is responsible for any possible damage. He is assumed to have received the place in good order, and return it in the same state.
6. Demand a fire insurance
In your rental agreement you should state that the tenant has to have a fire insurance for his tenant liability. This insurance will apply when the tenant causes damage to a third party. For instance when he causes a fire and damages the bordering apartment.
7. Register the rental agreement
Even though it's mandatory, a lot of owners don't register their rental agreement. The registration however is completely free when requested within two months. Note: in the case of an un-registered rental agreement the tenant can terminate the contract without any notice nor reimbursement. Do not forget to add a location description to the rental agreement that you register.
8. Follow up your payments
Check whether the rent is being paid in time. If the tenant is behing on the rent for more than 14 days, then respond immediately through a letter. Should this letter lead to no results, then send in through registered mail. The past has shown us that being behind on rent of often just a temporary problem. Responding quickly is the way to go. This way you avoid the tenant getting drowning in rent-debt. Agree on a doable payment-plan with the tenant before the debt gets too big.
9. Index the rent
Do you want to adjust the rent according to the lifetime? Then you have to decide in the agreement that the rent will be indexed. Indexing can happen at most once a year, and never within the first year after which the agreement has started. You are not obliged to use indexing. If you don't use it, make it clear to the tenant that you are doing them a favor. Especially if the following year you do wish to use the complete indexing regulations.
10. Permit request
We can help you when requesting all the necessary permits for renting out your house, room, or apartment. For instance registrering it with the fire department,
HouseCheck delivers the service and has the right expertise for all sorts of architectural applications, fire safety requirements, maintenance advice and other permits that may be needed.