Step-by-step Prepare For Tenants
There are great deals of things to consider when you lease lodging. This consists of making certain you are not paying too much in terms of lease, a deposit or service expenses. The Landlords (Good Practices) Act entered force on 1 July 2023. This act presented new guidelines and upgraded some old guidelines. It is very important to know your rights and obligations. So follow this step-by-step strategy when you rent accommodation.
Step 1: inspect how much the lease, deposit, service expenses and mediation fees are
Rent
Check whether the accommodation you want to rent is classed as social housing or if it is private-sector rental. This is a crucial difference, because various rights and obligations apply to each type. If you are going to be renting lodging in 2024 and the basic lease is EUR879.66 or less, the lodging is considered to be social housing. Social housing has a rent ceiling, which is calculated using a points system. If you lease lodging in 2024 and the standard rent is above EUR879.66, the lodging is considered to be a private-sector rental. There is no rent ceiling for private-sector lodging.
Check whether the lease matches the quality of the lodging by running the Rent Check.
Rent Check self-contained lodgings
Rent Check shared accommodations
If you are paying excessive, ask your property manager to lower the lease. If you can't reach an arrangement with your property owner, get in touch with the lease tribunal (Huurcommissie).
Please note: if you are residing in a private-sector leasing, ask the lease tribunal to examine your beginning rent within 6 months of your very first payment. If you live in social housing, you can ask the lease tribunal to examine the lease you are paying at any time.
In some municipalities, proprietors require a rental permit to be able to lease accommodation. Conditions may be connected to the license, such as just how much the lease can be. If this holds true, you can likewise ask the town to evaluate your rent.
Deposit
For occupancy arrangements dated 1 July 2023 onwards, the maximum deposit a property manager can charge is 2 months' fundamental lease. When the tenancy arrangement has ended, you will in concept get your deposit back within 14 days. But if you still owe your landlord money, they can subtract this from your deposit. In that case they need to repay the staying deposit within 30 days.
Your proprietor can only withhold your deposit to cover the following:
- unpaid rent;
- service costs;
- damage to the accommodation that the occupant need to cover;
- energy efficiency charge (in Dutch: energieprestatievergoeding, EPV).
Service costs
Your property owner can only charge you actual service expenses that have been incurred. They can not charge more and keep the distinction.
Service expenses include:
- cleaning expenses; - expenses of lighting common areas;
- tasks brought out by a caretaker.
Gas, water and electrical power do not fall under service expenses. You pay these costs individually.
You pay service expenses monthly, on top of the standard rent. Each year your property manager will offer you with a summary of the service expenses charged to you. This will reveal you:
- which costs your proprietor has actually sustained; - how much of these costs you have paid;
- whether you have actually paid too much or too little;
- whether you will get money back or need to pay more.
If you have not received an introduction of service expenses, or if the overview is incorrect, call the lease tribunal or your town.
Mediation costs may just be charged to one party
If your proprietor uses a rental agency, your property manager pays the mediation charges. The firm can not ask you to pay mediation charges too. Mediation costs are in some cases called administration, agreement or company charges. If you yourself utilize a company or intermediary to find lodging, you will need to pay their fees yourself.
Step 2: check your occupancy arrangement and the information provided by your landlord
Tenancy contracts dated 1 July 2023 onwards should remain in composing. If you make oral arrangements with your landlord, your proprietor must confirm these contracts in composing. Your landlord must also offer you with info in blogging about:
- how the lodging can be used; - when your property owner can go into the accommodation (only with your approval, unless there is an situation);.
- the numerous kinds of occupancy contract and the associated renter protection and rental cost protection;.
- what you can do if the accommodation is in need of repair;.
- who you can get in touch with if you have concerns about your lodging;.
- who you can contact if you can't fix an issue with your property owner (local reporting workplace, rent tribunal or district court);.
- how much you need to pay as a deposit and how it will be returned;.
- service costs (an introduction of service costs charged must be provided every year).
If your tenancy agreement began before 1 July 2023, you will get this extra details by 30 June 2024 at the most recent.
Extra details for European labour migrants
If you have actually originated from a European nation to temporarily operate in the Netherlands, and your employer offers you with lodging, your employer should give you details about your accommodation in a language you comprehend. This does not apply to the occupancy arrangement, however. The tenancy agreement can be in Dutch.
Your occupancy contract must likewise be separate from your employment agreement. This suggests that you do not require to vacate the lodging if your employment ends. This only applies to tenancy contracts dated 1 July 2023 or later.
Step 3: inspect if you are entitled to housing benefit
You may be entitled to housing benefit. You can examine this on toeslagen.nl.
Step 4: take action if you can not fix a problem with your landlord
If you have a problem with your proprietor and can't resolve it, there are numerous strategies you can take.
Involve the lease tribunal
If you are renting social housing, and you do not concur with the amount of rent you are paying, a lease increase or the level of maintenance, you can get in touch with the rental tribunal.
If you rent private-sector lodging, and disagree with your landlord's annual lease boost, or a rent increase following improvements to your lodging, contact the lease tribunal. You can also ask the rent tribunal to examine your beginning rent. You must do this within 6 months of the start of the occupancy.
The rent tribunal is an independent and neutral dispute mediator. Any decisions it takes are lawfully binding for both occupants and property owners. If you can not take the dispute to the lease tribunal, you can take it to the district court.
Reporting a problem to the municipality
As of 1 January 2024, every town has a reporting workplace where occupants and those searching for lodging can report issues with property owners.
If a landlord breaches among the rules in the Landlords (Good Practices) Act, the municipality should act. Here are some examples. A landlord is in breach of the rules if they:
- do not offer you with a written occupancy arrangement or written info about the tenancy;. - charge you unjustified service costs or deposit costs;.
- victimize you or daunt you. Intimidation consists of threatening to end the tenancy contract or cut off your gas, water or electricity if you grumble.
If a proprietor is found to be in breach of the guidelines in the Landlords (Good Practices) Act (or other guidelines), the municipality can do a number of things, including:
- provide an official warning;. - concern a fine; or.
- in extreme cases, take control of management of the lodging.
If you have a complaint that is not related to the Landlords (Good Practices) Act, your municipality can put you in touch with the right organisation.
Report discrimination
Your property manager is not enabled to victimize you. To avoid discrimination (conscious or unconscious), proprietors need to state in writing how they pick their tenants. When advertising accommodation, proprietors must consist of info on how occupants will be chosen. Landlords need to discuss to unsuccessful prospects why they were not selected.
If you think discrimination, call the reporting workplace of your town. You can likewise contact an anti-discrimination service (ADV). These services give independent advice to individuals who report discrimination or have concerns about discrimination. You can also contact:
the Netherlands Institute for Human Rights (+31 (0 )30 888 3 888/ info@mensenrechten.nl); or. the cops.
Brochure with extra information
Most renters are delighted with their landlord. But often things don't go as expected and issues can emerge. The Landlords (Good Practices) Act offers occupants defense and offers property managers clarity about what's permitted and what's not enabled. This sales brochure offers additional information about the law. The pamphlet is readily available in Dutch, English, Bulgarian, Polish, Romanian and Spanish.