A rental agreement is concluded when the lessor undertakes to use a certain item (property) or part thereof and the tenant undertakes to provide a consideration (payment) in return. The rental agreement is not bound by a formal requirement, so that an oral agreement also has legal effect. The consideration is usually the monthly payment of a sum of money, but that is not necessary. An agreement that the tenant will perform certain maintenance on the rented property can also be regarded as a consideration.
Real estate: three different regimes
The rental right for real estate is divided into three regimes, each of which has its own (mandatory) rental protection rules. This concerns: the regime for living space (Article 7: 232 et seq.), the regime for business space in the sense of retail space etc (Article 7: 290 et seq. Of the Dutch Civil Code) and the regime for business space in the sense of office space etc. (Article 7: 230a BW).
Tenants are most often concerned with renting residential premises to live in.
Retail space & office space
The retail space regime also includes restaurants and cafes, collection and delivery services, and craft businesses, as far as these are accessible to the public for the direct delivery of goods and services. This also includes camping companies and hotels. The office space regime covers all built real estate that is not covered by the living space or retail space regime. Learn more about leasing business space.
For a proper assessment of the rights and obligations of tenant and landlord, it is important to know under which regime the lease agreement falls. In the case of mixed agreements, where the leased property, for example, serves as living and working space, this can cause problems.
How we can help
We can help you with all aspects of tenancy law, included protected rents. You can think of issues about rent arrears, subletting, renovation or defects. We also have a lot of experience in VvE law. You can also contact us about leasehold and building rights, apartment rights and vacancy.
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