Tenancy Agreement Netherlands

The addition of a diplomatic clause to the lease agreement may facilitate the termination of a lease; However, a court order remains necessary. Such a diplomatic clause must provide for two conditions: that the rented apartment be evacuated if the lessor himself wishes to reside in the rented accommodation after the expiry of the contractually agreed tenancy period. And that the landlord has a good interest in the lease ending. The court will only make a decision that terminates the lease if both elements are included in the clause. Such a diplomatic clause is often used by Dutch nationals who live and work temporarily abroad on secondment; they will mostly rent their home to ensure that once their detachment is completed, they will be able to force the tenant to go, should push to push. A diplomatic clause may also serve the interests of a tenant. In most cases, such a clause means that the tenant can terminate the tenancy agreement before the scheduled and initially agreed date of termination of the contract. Do you have a lease for a fixed-term lease of more than 2 years (for self-contained housing) or 5 years (for non-independent housing)? Or do you have a fixed-term lease agreement that was signed before July 1, 2016? This is not a temporary agreement. The contract cannot be terminated before the deadline, unless the tenant and landlord agree. The lease does not automatically end on the end date. Both the tenant and the landlord must terminate the contract with a written notification in a recommended letter. Expats in the Netherlands often enter into fixed-time contracts for a limited time.

It is good to know that fixed-term leases are generally automatically renewed if no notice has been announced before the end of the first jointly agreed term. To avoid an open tenancy agreement, a "diplomatic clause" may be included in the contract. In principle, the landlord and tenant can benefit from a diplomatic clause. As mentioned above, it can be extremely difficult for landlords to terminate a rental agreement if the tenant is not willing to leave the apartment. In most cases, the desired result will only be achieved by a judgment of a judge. An exception to this practice is the short-term lease of less than two years. In this type of contract, the tenant has a minimum of rental protection, i.e. the lessor does not have to invoke at least one of the legal reasons for termination. For more information, please see: Leases 2020 - to learn more about the various Dutch leases, their respective termination deadlines and their termination rights. Brief declaration rental agreement Model C The lease "Model C for a fixed period, with a diplomatic clause" is for the situation where the tenant and the landlord accept that the lease is temporary, because the intention is that the landlord will occupy the house himself after the agreed tenancy period. This lease must be terminated in time by the owner.

With this model, it is possible that the rent will be extended for a specified period, as the landlord as expected to stay elsewhere. To this end, an agreement is reached in Article 3.1.

Comments are closed.