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Rental and letting

Tenants
Housing associations
Landlords

At Corten De Geer, we have extensive knowledge and experience in the field of tenancy law. We can advise you on matters such as termination of tenancy, eviction, rent adjustments, subletting, repair of defects and asbestos issues.

Good advice when drawing up or prior to signing a tenancy agreement can prevent costly and lengthy discussions at a later stage. Naturally, we can also assist you in negotiations and legal proceedings on these matters.

Within our firm, we have particular expertise in advising housing associations. Our solicitors advise not only on practical tenancy matters but also at a policy level, such as with regard to the regulations with which housing associations must comply.

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FAQ

What should a good rental agreement contain?

A good rental agreement sets out all the essential agreements between the tenant and landlord. These include the rent, start date, service charges, duration of the agreement, notice periods, maintenance arrangements, rules of use and additional provisions such as subletting, pets or renovation agreements. A carefully drafted contract prevents ambiguities and provides guidance when problems arise.

What does rent protection entail?

Rent protection means that a tenant of residential accommodation cannot be forced to leave the property without a valid reason as specified by law. The landlord can only terminate the tenancy on the basis of the law, and the tenant is often entitled to judicial review and protection against eviction. This gives the tenant a strong legal position.

What can I do if my tenant fails to comply with the rental agreement?

If a tenant fails to comply with the agreement, for example in the event of non-payment, nuisance or subletting, the landlord can address the tenant in writing and give them a period of time to remedy the situation. If the tenant still fails to comply, termination of the agreement and eviction can be sought through the courts.

How can a rental agreement be terminated?

The tenant of a residential property can usually terminate the agreement with one month's notice. Landlords are only permitted to terminate the agreement on grounds provided by law, such as urgent personal use or breach of contract. Notice of termination must be given in writing.

For retail premises, termination is only possible at the end of the lease term, usually with a minimum notice period of one year. In the case of retail premises, the landlord may also only terminate the agreement on grounds provided by law.

Can I rent out a property to multiple people?

This is possible, but it is important to clearly establish whether there is a main tenancy, co-tenancy or sublet. When renting to multiple people, it is wise to make agreements about liability, the division of obligations and the conditions for the departure of one of the tenants.

What are the main obligations of the landlord?

The landlord must ensure that the property is well maintained and safe, carry out major maintenance and repair any defects that are not attributable to the tenant. In addition, the landlord must provide the tenant with enjoyment of the property, which means that the tenant must be able to use the rented property without disturbance.

What are the tenant's obligations?

The tenant must pay the rent on time, use the rented property with care and carry out minor maintenance. Furthermore, the tenant must take neighbours into account, prevent nuisance and not make any major changes to the property or allow subletting without the landlord's permission.

What is meant by medium-sized business premises (Section 7:290 of the Dutch Civil Code)?

Medium-sized business premises include commercial premises such as shops, catering establishments and takeaways that are directly accessible to the public. This category offers extensive rent protection for the tenant.

What does other commercial space (Section 7:230a of the Dutch Civil Code) include?

Other commercial space includes offices, storage spaces and practice spaces. These tenants have less extensive protection, but can request eviction protection from the court after termination.

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