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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23 July 2026
The Affordable Rent Act in brief
Earlier, we published a blog post about the then unimplemented Affordable Rent Act. Before the Act entered into force on 1 July 2024, it attracted considerable criticism, including from landlord organisations, De Nederlandsche Bank, the Council of State and the Netherlands Bar Association. That criticism still stands after years.
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15 June 2026
The ’diplomatic clause’ in rental contracts, a way in or a way out?
Whilst most words deriving from ’diplomacy’ are buzzwords evoking immunity and exemptions applicable to a chosen few, there is at least one usage that makes reference to duties rather than privileges.
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4 June 2026
When may a landlord enter a rented dwelling?
A question we often receive: “May I enter the property I have rented out without the tenant’s permission?” Landlords naturally want to know whether their property is being properly maintained and whether the tenant is using it in accordance with the agreed terms.
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27 May 2026
The rights of the child in eviction proceedings involving a residential property
On 28 November 2025, the Dutch Supreme Court answered preliminary questions regarding the role of children’s rights in claims seeking the eviction of a rented property. This article discusses the background to these questions, the key considerations of the Supreme Court and the consequences for legal practice.
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23 April 2026
Changes to The Hague Housing Regulation: apartment splitting and lodger rental
The Municipality of The Hague has adjusted its regulations with a view to creating more housing without new construction, while preserving liveability.
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30 March 2026
Who’s that girl? – Prohibited subletting and eviction
In principle, a tenant of residential accommodation is not allowed to sublet the property to another person.
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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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