Rent Increases are Controlled By Law
Alberto Giron edited this page 1 month ago


Before finalizing, you ought to send your agreement to the Rental Team South Limburg, who will look for complimentary to ensure everything is affordable and legal. You may need to wait approximately one working week to hear back from them. We comprehend that the entire rental procedure is hectic and that there may not be adequate time for agreement checks, so if this is not possible, then you ought to go through your agreement yourself. The file will likely remain in Dutch, so non-Dutch speakers will wish to get it translated.

When examining your agreement, you must take notice of:
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1. fixed or indefinite agreement

An agreement for a fixed duration consists of a last date. This means that the contract ends automatically after the predetermined period, supplied that the property manager informs the occupant in blogging about completion of the lease in excellent time (between one and three months before the concurred end-date). Indefinite occupancy agreements continue as long as the tenant keeps paying lease and the landlord does not end the contract. These agreements normally come with a minimum term, before which the tenant might not terminate the lease.

2. Basic lease and added fees

The basic lease is expected to show the quality and surface location of the residential or commercial property. This rental rate just consists of the actual rent. Additional charges might be gas, water and electrical power, service costs, internet and home insurance. When it comes to lease, it is essential to comprehend the distinction between standard rent and surcharges. Check our area on rental costs to discover how the system works.

3. Rent increase

Rent boosts are managed by law, and depend on whether your lodging falls under the social or private housing sector. For social sector accommodation, rent increases may be described in your rental agreement, or can even be proposed by your property owner a minimum of two months before the rent increase would work. You as an occupant can reject the proposition, and your case might wind up before the Rent Tribunal. As a general guideline, rent boosts can happen when every 12 months, and usually happen on July 1st. The optimum yearly lease increase portion for the social sector is identified by the federal government.

There are less rules using to private sector lodging, which suggests that as a renter you have less protection. Rent can increase every 12 months, however, increases in between these 12 months are also possible if enhancements have actually been made to the lodging. The property owner is not required to notify you of any rent increases within a set duration of time. If the renter does not wish to pay greater rent, the proprietor may terminate the contract. Look out for clauses in your contract suggesting a set annual lease increase (so-called indexation clauses). If no indexation clause is consisted of in the agreement, the landlord can just increase the lease by using the renter a new contract stating the greater rent (among other things). If the occupant does not consent to the brand-new agreement for the same residential or commercial property, the proprietor may then terminate the contract.

4. Deposit amount and return

A deposit is usually needed, however any quantity worth more than 2 months of lease is generally thought about unreasonable. The contract must clearly specify how and when your deposit will be moved back to you.

Should you sign even if the contract is not perfect?

If a contract appears extremely troublesome on you as an occupant, or looks sketchy, it may be a great concept to let it go. Even if you're lacking time to find a location, it might cause you more trouble in the long-lasting to sign a bad agreement than to search for short-term accommodation while you take the time to discover something that's really worth it.

If you discover a location that you truly love, the contract is acceptable, and the only issue is that the lease is a little high (EUR750+), it can sometimes be an excellent concept to sign, as there is a possibility you could get some cash back by applying to the Huurteam Zuid-Limburg. You need to tread very carefully here, as there is a caution: in circumstances like this, you constantly require to presume the worst and be prepared to pay this high lease completely, in case the Huurteam Zuid-Limburg can not help you claim any excess rent back. If you do sign an agreement you find expensive, contact HTZL within 6 months to begin a procedure claiming back any excess lease.

You can learn more about procedures to claim back excess lease and company fees here.

Terminating a contract

Terminating an agreement can be a challenging procedure with lots of rules surrounding it. In the Netherlands there are mainly 2 kinds of rental arrangements: an agreement for a defined duration and an agreement for an undefined duration. It is really helpful to understand which one you have, since it could make a difference in how you should end your contract. The default guideline is that tenancy contracts need to be ended by offering notice. this indicates that you as a tenant send your property owner an official letter notifying them that you want to end the rental agreement. You do not need to supply a factor for termination, and termination remains in concept unilateral, which implies that you don't need the property owner to grant it.

Contract for an undefined period

In this type of agreement, a minimum period (for instance 12 months) is permitted. During this minimum period, you can not end your contract, unless the property manager agrees. The proprietor can set conditions to consent to this, for instance, you might pay an additional month's lease or be required to discover a beginner to take over the contract. After the minimum period you can end the contract with the proper notification period.

The benefit of this type of agreement is that the property owner can not end your agreement easily. There requires to be legal factors.

Contract for a defined duration

In this kind of contract (frequently a 12-month contract) there is a date the contract begins and a date the agreement ends. This contract can not have a minimum duration and therefore you can end the agreement during the specified period if you give right notice.

The disadvantage is that the proprietor has an easy way to end your agreement on the end date of the specified period. The landlord just needs to let you understand 1 to 3 months before the end date that the agreement is going to end, they do not require legal reasons to end the agreement on that date. If the property owner does not advise the occupant of completion date and the occupant lives longer than the specified duration, the agreement immediately develops into an agreement for an undefined duration. You do not require a brand-new agreement for that, the old contract immediately changes, and the rest of the agreement stays legitimate.

If you desire to terminate your contract as a renter, often the contract lets you know how to offer proper notification. This can be a contact type via a site of a company, or an email to the landlord/agency. If the agreement does not mention how to offer notice, the appropriate method to end the agreement is sending a letter via registered post, stating that you desire to end the rental contract per that date. You might likewise email the letter first, but if you do not get an action, you need to still send the letter by means of signed up post to be sure. We advise that you send out both a letter and an email. You can download a sample of an official letter providing notice here.

You still must handle a right notification period when cancelling your rent. Normally, the notice equals the term of payment, which has actually been made a note of in the contract. For instance, if you pay lease monthly, you should give one month's . Unless in a different way specified in the rental agreement, the cancellation of the rent needs to be gotten by the property manager before the very first day of the month.

One FULL month (e.g. implying you can not end the agreement on the 15th of April for the 16th of May. If you notify on the 15th of April, you can only end the agreement by the 31st of May/1st of June).