Very often, we receive questions about a rental contract, non returned deposits or rent cancellation. Here, you can find the questions we receive the most often.
Questions regarding tenancy law
Terminating the rental agreement
De rental agreement can be terminated in a limited number of ways. First, through mutual agreement. Second, through termination by the landlord. Third, through termination by the tenant and finally, through termination by a court judgment.
When can a tenant terminate a rental agreement?
A tenant can terminate the rental contract at almost any time. Usually, there is a cancellation period mentioned in the rental agreement. As a tenant, you do not need to provide the landlord with any reason to terminate the rental agreement, regardless of the nature of the contract. Both rental agreements for an undetermined time and agreements for a determined time can be terminated
When can the landlord terminate the contract?
It can happen that the landlord wants to terminate the rental agreement. A landlord can only terminate the rental agreement on weighty grounds. Dutch civil law names a litmitative number of grounds on which the landlord can terminate the agreement.
1) The first ground on which the landlord can terminate the rental agreement is bad tenancy. That is the case when the tenant is the cause of extensive nuisance, in cases of default or when growing cannabis.
2) The second ground on which the landlord can terminate the rental agreement is interim rent. This is the case when the landlord wants to move into the house themselves. In these cases, the rental contract mentions that the rental agreement will be terminated at the end of the agreed upon period. The construction does not exempt the landlord from his duty to mention the termination of the rental agreement some period before the final period.
3) The third ground on which the landlord can terminate the rental agreement is urgent own use. This is the case for rental agreements to students (a campuscontract) or other specfic groups. These contracts terminate when the tenant does not meet the criteria anymore. This is also the case in rare situations where the landlord urgently needs the house themselves.
4) The rental agreement can also be terminated when the tenant refuses a reasonable offer for a new rental agreement, for example in cases of extensive renovations of the house. If the tenant refuses to cooperate with these renovations by signing a new rental agreement the landlord can terminate the agreement.
5) Hospitahuur: when the landlord has their main address in the same building as the tenant, the tenant has less protection. In these cases, the tenant can be evicted in the first nine months without motivation. After this period, the landlord needs a court judgment to evict the tenant.
Rental agreements for self-contained units and non self-contained units that are agreed upon for a period of time shorter than two and five years respectively can easily be terminated by the landlord at the end of the agreed upon period of time. However, the landlord is obligated to mention the termination of the contract beforehand to the tenant. If the landlord fails to do so, the rental agreement can be converted to a contract for undetermined time.
When can a judge terminate a rental agreement?
A judge can terminate a rental agreement on multiple grounds. As mentioned before, bad tenancy, default and growing cannabis are notable grounds. Basically, every shortcoming from the side of the tenant can be a reason for the judge to terminate the rental agreement. In practice, the judge will not terminate a rental agreement lightly. The judge will always consider the interests of the tenant in the termination of the rental agreement and the gravity of their shortcoming.
When is a house defective?
When you rent a house, the landlord has a duty to ensure the good state of the house. If the landlord fails to do so properly, the house can be defective. This is the case when anything is wrong with the house, provided the defect was not caused by the tenant. Examples of a defect are leakage or vermin. Nuisance by neighbours can also create a defect, provided that the neighbours have the same landlord as you. Nuisance created otherwise, for example a noisy road or sewer works, do not create a defect.
If the house has a defect, the tenant can hold the landlord liable. There are three frequently occurring options.
- The landlord repairs the defect
- The landlord lowers the rental price
- The landlord provides compensation
What is the maximum price the landlord can ask for a house?
A landlord cannot ask any price for a house. The maximum price for a house is determined by its quality. The quality of a house can be determined by a checklist provided for by the Huurcommissie. The Huurcommisie is a governmental instituation that provides rules and regulations for rental agreements. By filling in the checklist, you can determine the maximum price for a house. The checklist can be found here https://www.huurcommissie.nl/onderwerpen/huurprijs-en-punten/huurprijscheck-en-puntentelling