Protected rents

Protected rents protect lessees from the termination of the lease by the lessor. 

Ending the lease contract

In this case the lease does not end automatically unless the lessor has terminated it legally. The lease agreement does not come to an end either if the agreed lease period has expired or the plot of which the leased premises forms part is sold. The lessor must have a valid reason to terminate the lease agreement.

Renting a property

If your lessor terminates the lease agreement and you do not agree with this, the lease contract continues to run. In that case the lessor will have to go to court. The district court should then decide whether the lease agreement must be terminated and the leased premises must be vacated. The district court will terminate the lease agreement only if the reason given by the lessor is legally valid.

The grounds for termination are laid down by law and are as follows:

  1. The lessee has not behaved as a good lessee, i.e., has not observed his obligations. Examples could include the failure to pay, cultivation of cannabis, subletting or causing a nuisance.
  2. The lease contract was concluded for a temporary period. Further conditions apply to these grounds for termination.
  3. The lessor urgently needs the leased premises for their own use. An example could be the need for the premises to be demolished or refurbished.
  4. The lessee refuses to accept a reasonable offer regarding a change in the lease agreement. However, the proposed change may not concern the lease price or the advance payment of the service costs.
  5. The lessor wants to use the home for a purpose which corresponds to the zoning plan.

If the lessor terminates the lease, they must observe the periods of notice contained in the law.

More information

GMW lawyers will be happy to help you with all your tenancy issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our tenancy law lawyers will be glad to support and advise you.

More tenancy law related topics >

Lawyers

Previous slide
Next slide
Glenn Kerver

Glenn Kerver

Liability law

Read more about this lawyer
Marie-Christine Veltkamp - van Paassen

Marie-Christine Veltkamp-van Paassen

Real estate law

Read more about this lawyer
Raymond de Mooij

Raymond de Mooij

Real estate law

Read more about this lawyer
Stephanie de Wit

Stephanie de Wit

Company law

Read more about this lawyer
Wouter de Veer

Wouter de Veer

Company law

Read more about this lawyer
Zoë Ris

Zoë Ris

Real estate law

Read more about this lawyer
All lawyers

Are you looking for a tenancy lawyer in The Hague?

GMW lawyers is happy to assist you with specialist knowledge and experience in the field of tenancy law. Please contact our team of experts for support.

"*" indicates required fields

newsletter?

You might also like

28 August 2024

What can a landlord do against administrative enforcement?

Recently, six important rulings were published by the Administrative Jurisdiction Division of the Council of State, clarifying when administrative enforcement is possible against a landlord.

Read more

Read more about

7 August 2024

The legal division of maintenance and repair costs in tenancy law

Whose responsibility are the costs of maintenance and repair of the property: the tenant or the landlord? It is a question that often leads to discussion and is subject to much litigation. This blog focuses on the statutory regulation and the deviating regulation of the ROZ model contracts.

Read more

Read more about

17 July 2024

Contractual co-tenancy and the separation rule: a follow-up

In a previous article, I wrote about the ruling of the Supreme Court on December 24, 2021, in which it was decided that contractual co-tenants can invoke the separation rule of Article 7:267 paragraph 7 of the Dutch Civil Code (‘DCC’).

Read more

Read more about

5 June 2024

Can the lessor suspend quiet enjoyment under the lease following late payment?

Two interesting conclusions by Advocate General Valk were published some time ago.

Read more

Read more about

29 May 2024

Rent price review of business premises

One of the most important parts of a lease is the rent price. Over time, the rent price may no longer be in line with market rates.

Read more

Read more about

20 May 2024

To what extent is the requirement that residential accommodation is the primary place of residence mandatory for contractual joint tenancy?

Most tenancy agreements for residential accommodation include the requirement that the accommodation is the primary residence.

Read more

Read more about

8 May 2024

Continuation of a rental agreement after the tenant’s death

When a tenant of a residential property dies, the rental agreement will in principle end after a period of two months.

Read more

Read more about

29 April 2024

Important for tenants in the Netherlands: new protection rules!

Do you rent your house in the Netherlands? If so, as a tenant you are protected against the landlord if, for example, he charges too high a rent, does not repair defects or does not want to repay the deposit at the end of the tenancy.

Read more

Read more about

9 April 2024

High inflation resulting in a steep rent increase is not an unforeseen circumstance

The ongoing existence of rent indexation clauses seems to have come to an end this year.

Read more

Read more about