A rental agreement is described in law. Like other agreements, it is set when it is offered and accepted.
Typically this is indicated by certain actions, such as the signing of a rental agreement.
However, they may also be apparent from other acts or from the behaviour of the tenant and the landlord. The question whether an agreement has been reached between the parties depends on what the respective parties can assume from each other’s declarations and behaviour.
The consensus must include the two essential elements of the rental agreement:
In general, the rental period is also set in the rental agreement.
There are several types of rental regimes. This means that there are different legal provisions for renting residential premises than those for leasing shops or offices. In legal conflicts it is vital to determine which rental regime applies. In fact, every regime has different articles for the protection of the parties concerned.
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.
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.
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20 November 2025
Can you claim compensation for non-material damage under Dutch real estate and tenancy law?
In recent years, we have received an increasing number of questions about compensation for non-material (immaterial) damage. Expats in particular are often used to the idea that, alongside compensation for material loss, there is also scope for compensation for more abstract harm, such as anxiety, distress, or impact on private life.
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17 September 2025
Rent increase following the sustainability upgrade of a property
More and more property owners are becoming aware of the need to make their homes more sustainable. There are various sustainability measures they can take.
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20 August 2025
On second thought
The statutory reflection period when purchasing a property
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6 August 2025
Amendment of contracts
In contract law, the principle of pacta sunt servanda applies. This Latin phrase means that agreements must generally be fulfilled. Although this rule is not explicitly stated in the law, it forms the basis for the legal obligations arising from contracts.
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28 July 2025
The sound of silence: Noise nuisance as a hidden defect
Many people experience noise nuisance. This can range from neighbours partying late into the night to constant traffic or construction noise.
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8 July 2025
Maintenance of rental property: tenant or landlord responsible?
In principle, the landlord is responsible for the maintenance of a rental property. However, there is an exception to this rule. A distinction can be made between major and minor maintenance.
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1 July 2025
Have you ever seen the rain?
Non-conformity, hidden defects and leaks
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23 April 2025
Neighbour, what are you doing?
A property owner or occupier may, in certain circumstances, be required to temporarily allow another person to use their home or land if this is necessary for work to be carried out on the other party’s property.
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16 April 2025
Termination of Tenancy Agreements
The termination of a contract is an important legal tool for ending an agreement. In this article, we take a closer look at the termination of tenancy agreements, as special statutory rules apply to rental contracts.
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