Private Residential Tenancy Agreement for the Netherlands

Private Residential Tenancy Agreement Template for Netherlands

A Dutch Private Residential Tenancy Agreement is a legally binding contract governed by the Dutch Civil Code (Burgerlijk Wetboek), specifically Book 7, which regulates the rental of residential properties in the Netherlands. This document establishes the legal relationship between a landlord and tenant, outlining their respective rights and obligations, rental terms, maintenance responsibilities, and other essential conditions of the tenancy. The agreement must comply with Dutch housing law, including regulations on rent control, maintenance standards, and tenant protections, while also incorporating specific provisions for the particular property and circumstances of the rental arrangement.

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What is a Private Residential Tenancy Agreement?

The Private Residential Tenancy Agreement is essential for any residential property letting in the Netherlands. This document is used when a property owner (verhuurder) wishes to rent out a residential property to a tenant (huurder) for private residential purposes. The agreement must conform to Dutch housing law, particularly the provisions of the Dutch Civil Code (Burgerlijk Wetboek) Book 7, which provides strong tenant protections and regulates aspects such as rent control, maintenance obligations, and termination conditions. The document should be used for any residential letting arrangement, whether it involves private landlords, property management companies, or housing associations. It includes crucial information about the property, rental terms, rights and obligations of both parties, and various statutory requirements specific to Dutch residential tenancies.

What sections should be included in a Private Residential Tenancy Agreement?

1. Parties: Identification and details of the landlord and tenant, including full legal names, addresses, and contact information

2. Background: Brief context of the agreement and property letting

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Comprehensive description of the rental property, including address and any included facilities or furniture

5. Term of Tenancy: Duration of the lease, start date, and type of tenancy (fixed-term or indefinite)

6. Rent and Other Charges: Rental amount, payment terms, utilities, service charges, and payment methods

7. Deposit: Amount of security deposit, terms of holding, and conditions for return

8. Use of Property: Permitted use of the property and any restrictions

9. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance and repairs

10. Landlord's Obligations: Legal obligations and commitments of the landlord

11. Tenant's Obligations: Legal obligations and commitments of the tenant

12. Insurance: Required insurance coverage for both parties

13. Access and Inspections: Conditions under which landlord may access the property

14. Termination: Conditions and procedures for ending the tenancy

15. Notices: How formal communications between parties should be made

16. Governing Law: Confirmation that the agreement is governed by Dutch law

What sections are optional to include in a Private Residential Tenancy Agreement?

1. Pets: Rules regarding keeping pets in the property - include when pets are allowed

2. Subletting: Terms for subletting or temporary letting - include when subletting might be permitted

3. Energy Performance: Specific provisions about energy efficiency - include when property has specific energy requirements or certificates

4. Smoking Policy: Rules about smoking in the property - include when specific smoking restrictions apply

5. Roof Terrace/Garden Use: Rules for using outdoor spaces - include when property has these facilities

6. Parking: Provisions for parking spaces or permits - include when parking is part of the rental

7. Common Areas: Rules for use of shared facilities - include for apartments with shared facilities

8. Short-term Letting: Provisions regarding platforms like Airbnb - include when relevant to property location or type

What schedules should be included in a Private Residential Tenancy Agreement?

1. Schedule 1 - Inventory List: Detailed list of furniture, appliances, and their condition at start of tenancy

2. Schedule 2 - Property Condition Report: Detailed description of property condition at start of tenancy

3. Schedule 3 - House Rules: Specific rules and regulations for the property and/or building

4. Schedule 4 - Utility Agreements: Details of utility providers and payment arrangements

5. Schedule 5 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

6. Appendix A - Energy Performance Certificate: Copy of property's energy performance certificate

7. Appendix B - Floor Plan: Floor plan of the property showing all rooms and measurements

8. Appendix C - Photographs: Dated photographs documenting property condition at start of tenancy

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Legal Services

Housing

Financial Services

Property Investment

Residential Property

Social Housing

Relevant Teams

Legal

Property Management

Residential Leasing

Housing Administration

Compliance

Real Estate Operations

Tenant Relations

Contract Administration

Property Services

Document Management

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Lease Administrator

Property Portfolio Manager

Tenant Relations Manager

Housing Association Manager

Compliance Officer

Real Estate Attorney

Residential Leasing Coordinator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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