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.
Stephanie de Wit
Company law, Insolvency law, Real estate law, Tenancy law Read more about this lawyerGMW 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
9 October 2024
Termination of residential tenancy for landlord’s urgent occupancy
Tenants of residential properties can terminate an indefinite-term tenancy agreement without reason, observing a notice period equal to the rental payment term (unless a minimum duration is agreed upon). This does not apply to the landlord.
Read more
7 October 2024
Municipal Debt Counselling Decree
On January 1, 2021, the Municipal Debt Conselling Decree (hereinafter: "the Decree") entered into force. The Decree imposes on all landlords of residential premises the obligation to report rent arrears of tenants to the municipality.
Read more
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
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
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
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
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
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
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
