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 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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3 March 2025
Temporary rental of residential property
Since July 1, 2024, the Fixed-Term Tenancy Act has come into effect. Previously, it was possible to enter into a temporary rental agreement with any tenant, but as of July 1, 2024, the standard rule is that tenancy agreements are entered into for an indefinite period, with all the associated consequences. However, several exceptions still exist. This article highlights the most important ones.
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26 February 2025
The New ROZ Model Tenancy Agreement for Residential Property
The Council for Real Estate Affairs (ROZ) has recently published a new model tenancy agreement for residential properties.
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19 February 2025
Nuisance caused by tenants: what can a housing corporation do?
It is not uncommon for tenants to cause nuisance, such as noise nuisance due to loud music or shouting coming from the leased property, or odour nuisance due to an unclean property or garden. In such cases, it is crucial that landlords respond appropriately to reports of nuisance, especially when the landlord is a housing corporation that also rents to the affected neighbors.
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10 February 2025
The role of housing associations in expanding the mid-market rental segment
Addressing the housing shortage in the Netherlands is a priority. To this end, the National Performance Agreements stipulate that housing associations must construct 50,000 mid-market rental homes by 2030.
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22 January 2025
Home Exchange and the Requirement of a Compelling Interest
Due to the current housing market shortage, tenants are increasingly submitting requests for home exchanges.
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2 December 2024
Eviction of Commercial Property Due to Rent Arrears
Under Article 7:212 of the Dutch Civil Code and the lease agreement, a tenant is required to pay the rent in full and on time.
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18 November 2024
Affordable rent act
In recent years, the housing market has undergone significant changes. Transfer tax and the box-3 tax have been increased, the buyout protection and Good Landlord Act have been introduced, and temporary rental contracts are being abolished.
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