The laws governing property lease in the Netherlands tend to the rights and the needs of the one who rents the property. Tenant eviction in Netherlands is regulated by law and the landlords may order eviction only under certain circumstances.
The attorneys at our law firm in Netherlands list the options that are available to landlords when they decide to evict the tenants.
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The rental law in the Netherlands
The rental law in the Netherlands is designed to protect the tenant but also offers certain rights to the homeowners. One issue that that the landlord may not ask for a payment before the tenant is able to move into the home.
The Dutch laws that govern rental issues establish a special rental price system, based on points, which is described in more detail below. A property in the Netherlands is assigned a point value, according to its location, quality, size and other factors. This is an important issue to consider when determining the rental price as a landlord. This is also useful for the tenants when deciding on a suitable premise and for the purpose of determining how or if the landlord may increase the rental price in the future.
Disputes between landlords and tenants, including those related to eviction, are settled with the national Rent Tribunal. One of our Dutch lawyers can help you with legal representation and litigation matters.
Grounds for eviction in the Netherlands
A residential lease in the Netherlands may be terminated by mutual consent or by court order. The grounds for terminating a lease, and for the expulsion of the tenant, are:
– tenant misbehavior (late payments, nuisance, caused other significant problems);
– the owner needs the property for urgent personal use;
– the duration of the lease agreement has expired.
Although they have the right to evict tenants on reasonable grounds, in practice landlords may need legal services in the Netherlands to be able to give notice and make it mandatory for the tenant to leave the premises. In most cases, in order for the eviction to become mandatory, a court order is needed and the contract may be terminated only after the landlord has given a notice period of three to six months.
Our attorneys in Netherlands can give you complete information on the landlord and tenant rights and obligations and how you can terminate a residential, retail or office space lease.
In general, the duration to evict a tenant (for non-payment) is approximately three months.
The tenancy agreement in the Netherlands
Renting out a house in the Netherlands is performed by means of a tenancy agreement, a document that expressly states the terms and the conditions that have been agreed upon by the two parties (the landlord and the tenant). Mandatory details include the following: the date on which the rent will increase each year (subject to the rent points system described below), the rouse rules and maintenance agreements, and the amount of the rent for the first year for which the agreement is signed. The duration of the agreement is also clearly stipulated (this can be fixed or for an indefinite period; when it is fixed, it will specify the expiry date). The document is signed by the landlord and the tenant.
While oral written agreements are acceptable, we advise our clients to enter into a written one.
Rent disputes between landlords and tenants in the Netherlands
As previously stated, when a landlord and a tenant have a dispute that they cannot resolve, they can start the proceedings with the help of our lawyers, at the Rent Tribunal. The associated costs, when the proceedings are initiated by a natural person are 25€ and 450€ when they are commenced by a legal entity.
Part of the rent disputes our team can help you with include the following:
– rent amount changes under the tenancy agreement (a newly signed contract) or after a home renovation; included here are both rent increased and rent decreases;
– service charges annual settlements;
– the repair of maintenance defects;
Our team can help landlords who wish to make adjustments related to the charged rent and for the purpose of solving the dispute with their tenants have chosen to start the proceedings with the Rent Tribunal.
Understanding the Dutch rent points system
The rent points system is relevant in the context of a tenancy agreement that has not been liberalized. In this case, it is subject to a ceiling that is determined according to this system that depends on the quality of the house that is offered for rent. Some important issues are the following:
– the surface of the house (the surface of all rooms, including the kitchen and bathroom);
– energy efficiency;
– the surface of the rooms that are shares with other tenants;
– certain characteristics of the kitchen, such as the length of the counter or the number of square meters of extra wall tiles;
– the value of the home, determined by the municipality in which the house is located (yearly updates are in place).
Separate points are awarded for independent houses, rooms in independent houses, caravans and caravan sites. An independent home is one that has its own entrance door and also satisfies other criteria. Our team can help give you more information. The Ministry of the Interior and Kingdom Relations is the one responsible for public administration and public housing, among others.
The maximum rent that applies to independent living spaces in July 2020 was the following:
– 40 points: 199.98 € per month (the minimum rent limit);
– 50 points: 249.96 € per month;
– 100 points: 509.59 € per month;
– 150 points: 783.90 € per month;
– 200 points:1058.22 € per month.
The points range from 40 to 250 according to the 2020 list. Our team of Dutch lawyers can give you more details about the rent points system and the rent check updated, as applicable.
2021 tenant eviction changes
The Ministry of Housing and Spatial Planning, through its appointed Minister, announced that tenants who are facing financial difficulties in 2021 as a result of the coronavirus pandemic will not be evicted during the ongoing crisis. Tenants thar were affected by the pandemic were encouraged to seek the financial aid options provided by the government.
Landlords were asked to postpone rental payments and not to charge fines for late payments for those who have been affected by the crisis. The single exception to the consensus for non-eviction during the period applies in cases of criminal activity as well as those that involve extreme nuisance for the concerned premises. Tenant eviction cases that were commenced before March 12th are subject to a special case-by-case evaluation performed by the landlord.
Disputes between landlords and tenants are best solved with the help of a team of lawyers that has experience in the relevant laws and has helped clients solve similar legal issues in the past. When you choose to work with us, you will benefit from a dedicated team of professionals who has worked with local and foreign clients in various matters concerning rented housing, tenancy agreements and real estate in general.
You can contact our Dutch law firm for complete legal services in the Netherlands.