Residential lease for a self-contained home (indefinite term)
1.Parties
- 1.1
The undersigned: Landlord: name and address, hereinafter "the landlord", represented in this matter by Managing agent or representative, and Tenant(s): name, birth date, address, hereinafter "the tenant", agree as follows.
For a company landlord, add its Chamber of Commerce number and signatory.
- 1.2
If there is more than one tenant, they are jointly and severally liable for all obligations under this lease.
A spouse or registered partner of the tenant who lives in the home becomes co-tenant by law (BW 7:266), even if not named here.
- 1.1
2.The let premises
- 2.1
The landlord lets to the tenant the self-contained home at Address of the home, consisting of: Description of the home, hereinafter "the premises". Furnishing: Furnishing.
Give type, floor, rooms, m², outdoor space, storage and parking. For a part-furnished or furnished home, attach a signed inventory list.
- 2.2
The premises have energy label Energy label class and registration date. The landlord has given the tenant a copy of the energy label.
- 2.3
The condition of the premises at the start is described in the move-in inspection report with photos signed by the parties, which is attached to this agreement.
Without a description, the tenant is presumed to have received the home in the condition it is in at the end (BW 7:224 lid 2). The report protects both sides.
- 2.1
3.Purpose and use
- 3.1
The premises are to be used only as living accommodation and main residence of the tenant and the members of the tenant's household. The tenant will use the premises as a good tenant and will not cause nuisance.
- 3.2
The tenant may not sublet the premises in whole or in part, or let third parties use them, without the landlord's prior written consent.
- 3.1
4.Term
- 4.1
This lease starts on Start date of the lease and is entered into for an indefinite period.
Fixed term: at most 2 years, only for a group named by decree (BW 7:271 lid 2). The landlord confirms the end date in writing 1 to 3 months before. Take advice.
- 4.1
5.Rent and points valuation
- 5.1
The bare rent at the start is € Monthly bare rent (kale huur) in euros per month.
- 5.2
Under the points system the premises score Points (woningwaarderingsstelsel) points at the start date. The corresponding maximum rent is € Maximum rent for those points, EUR per month. The premises fall in the segment: Rent segment. The landlord has given the tenant the points calculation in writing.
The Wet goed verhuurderschap requires this information (art. 2 lid 2 e 6°). Use the Huurcommissie's points calculator and keep the calculation.
- 5.1
6.Service costs and utilities
- 6.1
Optional
The tenant pays a monthly advance on service costs of € Service costs advance, EUR/month. Each year, no later than six months after the end of the calendar year, the landlord gives the tenant a statement of the actual costs and how they were calculated. Any difference is settled.
Delete it if the landlord supplies no services. The six-month deadline for the annual statement comes from BW 7:259 lid 2.
- 6.2
Utilities: Utilities arrangement.
Say who contracts gas, electricity and water. If the landlord supplies them, state the monthly advance.
- 6.1
7.Payment
- 7.1
The tenant pays monthly in advance, no later than the Rent due in advance on dayth day of the month, a total of € Total monthly payment in euros into account Landlord's bank account (IBAN) in the landlord's name. The tenant may not set off the amount due against a claim on the landlord, except where the law allows it.
- 7.1
8.Rent review
- 8.1
The bare rent is adjusted each year on Annual rent review date, for the first time twelve months after the start date, by the change in the consumer price index (CPI), All Households series, of Statistics Netherlands. The increase never exceeds the maximum applicable at that time under article 7:248 of the Civil Code and article 10 of the Rent Implementation Act.
The minister sets the cap each year, per segment: social, middle, free sector. The date is usually 1 July or 1 January, at least 12 months after the start.
- 8.1
9.Deposit
- 9.1
Before the start date the tenant pays a deposit of € Deposit in euros, equal to at most twice the bare rent. No interest is due on the deposit.
- 9.2
The landlord repays the deposit within fourteen days after the lease ends. If the landlord deducts proven costs of repairing damage for which the tenant is liable, or rent, service costs or energy performance fee still due, the landlord repays the balance within thirty days after the lease ends and gives the tenant a full written statement of costs. Repayment is made to a bank account the tenant designates.
These periods come from BW 7:261b and cannot be extended. No other costs may be deducted.
- 9.1
10.Maintenance, defects and alterations
- 10.1
The landlord remedies defects in the premises, except minor repairs. The tenant carries out minor repairs at the tenant's own cost, as referred to in article 7:217 of the Civil Code and the Minor Repairs Decree. The tenant reports defects to the contact point in writing without delay.
- 10.2
The tenant may make alterations without consent if they can be undone at the end of the lease without significant cost. For other alterations the tenant needs the landlord's prior written consent, as referred to in article 7:215 of the Civil Code.
The landlord must decide within 8 weeks and must consent when the change does not harm lettability or value (BW 7:215 lid 2).
- 10.1
11.Access to the premises
- 11.1
The landlord enters the premises only with the tenant's consent, after timely notice, for inspection, necessary works or viewings at the end of the lease or on a sale. Without consent the landlord may enter only in an urgent emergency.
- 11.1
12.Notice of termination
- 12.1
The tenant may give notice to end the lease on any day on which rent is payable, with a notice period equal to the rent payment period, at least one month and at most three months. Notice is given by registered letter or bailiff's writ.
- 12.2
The landlord may give notice only on one of the grounds of article 7:274 of the Civil Code, by registered letter or bailiff's writ, stating the ground and with a period of at least three months, extended by one month for each year of uninterrupted tenancy, up to six months. The lease then ends only with the tenant's written consent or by a court ruling.
The landlord must ask the tenant to say within 6 weeks whether the tenant agrees (BW 7:271 lid 5). A clause allowing termination without a court is void.
- 12.1
13.Handover at the end of the lease
- 13.1
At the end of the lease the tenant returns the premises in the condition described in the move-in inspection report, except for normal wear, permitted alterations and what has perished or been damaged through age, clean and with all keys.
- 13.2
Optional
The parties carry out a pre-inspection no later than two weeks before the end of the lease and a final inspection on the last day. After the pre-inspection the landlord records in writing the points to be repaired.
Recommended. Without a pre-inspection the landlord can usually charge only what the repair would have cost the tenant.
- 13.1
14.Information under the Good Landlord Act
- 14.1
When this agreement is made, the landlord gives the tenant written information on the tenant's rights and duties not included in this agreement, on the deposit and its repayment, and on the service costs. Contact point for matters concerning the premises: Contact point for the home. Municipal reporting point for good landlord practice: Meldpunt goed verhuurderschap.
Rijksoverheid lists what the information must cover, including when the tenant can go to the Huurcommissie or the court.
- 14.1
15.Special conditions
- 15.1
Special conditions. Provisions that depart from mandatory rent law to the tenant's disadvantage are void or voidable.
For example pets, garden maintenance or house rules.
- 15.1
16.Annexes
- 16.1
Attached to this agreement: the move-in inspection report with photos; the copy of the energy label; the points calculation under the points system; the information under the Good Landlord Act; the list of service costs; where applicable the inventory list and the house rules of the owners' association.
- 16.1
17.Signatures
- 17.1
Drawn up in duplicate and signed at Place of signature on Date of signature. Landlord: Landlord: name and address. Tenant: Tenant(s): name, birth date, address.
- 17.1