Renting / leasing

In property rentals, we know of three main types of rentals, each with its own rules:

• the letting of residential premises;
• letting of retail space and other commercial space accessible to the public;
• letting of other premises.

Letting of residential premises has the most binding rules. However, in the case of a furnished rental or a rental for a short period, the protection of a tenant is less far-reaching. A housing tenant can only be evicted in very special cases. If a tenant rents under a temporary lease, the lease may not end after the end of the period and be converted to an open-ended contract.

If the initial rent in the lease exceeds a certain limit amount, the lease is liberalised. It is then a more expensive rental property. The point system for a maximum rent then does not apply. The landlord can determine the rent himself with the tenant. The limit is called the liberalisation threshold. The liberalisation threshold is adjusted every year on 1 January.

A certain amount of rent protection also applies to retail space, which ensures that a lease cannot be entered into for less than five years. The tenant has the right to extend the lease so that he can rent for at least ten years.

The letting of other premises has almost no regulations.

It is important to lay down what is necessary in a lease. For example:

• for how long the contract applies;
• what exactly is being let;
• the amount of the rent, when, whether and how it may be increased;
• whether improvements to the property can lead to an increase in the rent;
• whether the tenant has the option to buy after the end of the rental period and whether the rental instalments already paid should then be taken into account;
• whether the tenant may remodel the property and who should pay what costs;
• how the tenant can be forced to fulfil his obligations;
• whether subletting is allowed.

Virtually all mortgage deeds include a so-called 'lease clause'. Under this, a mortgaged property may not be let without the bank's consent. If it is let in violation of the rental clause, in many cases the loan is due. In addition, in case of a forced sale, the bank can evict the tenant from the property.

The Leegstandwet makes it possible to temporarily let certain categories of houses and buildings, whereby a number of mandatory rent protection provisions do not apply. You can let your house temporarily (minimum six months) with a permit from the municipality and there is a notice period of at least three months for the landlord. For the tenant, the notice period is a maximum of one month.
The permit is only granted if:

• the property is empty;
• the property is not sold or cannot be let permanently;
• proof can be provided that the property to be let will actually be occupied;
• a written rental agreement is drawn up.

For more information on renting and letting, please contact us. We will be happy to advise you.