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Formal Requirements and Signing of Rental Agreements in Westland
Rental agreements in Westland require written form with signatures and local specifications for greenhouses and residential spaces. Failure to comply results in nullity; use ROZ model agreements.
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Arslan AdvocatenLegal Editorial
2 min leestijd
A rental agreement in Westland must comply with the formal requirements set out in Article 7:201 of the Dutch Civil Code (BW) to be valid. For residential spaces in greenhouse complexes, allotment gardens, or apartments in locations such as Naaldwijk, 's-Gravenzande, and Monster, a written form is mandatory, including signatures from both parties. If this requirement is not met, the agreement is null and void or only provable orally, which can lead to issues in disputes regarding seasonal rentals in the greenhouse horticulture sector.
Mandatory details to be included are: names of the parties, address (e.g., a greenhouse address on Dijkweg), rent amount, duration, service costs such as water connection for irrigation, and the notice period. For temporary agreements (maximum 2 years, as per Article 7:271(1) BW) for temporary workers in Westland, it must be explicitly stated that the agreement will not be extended.
Digital signing via eHerkenning or iDIN has been valid since the Digital Government Act, offering convenience for international growers. In the absence of proper form, the court in The Hague may still recognize the agreement if both parties have factually complied with it (good faith, Article 6:248(2) BW).
Landlords in Westland are advised to use model agreements from the Real Estate Council (ROZ) or the Rent Commission, adapted to local horticultural standards, to mitigate risks. Tenants should verify hidden costs, such as a 'deposit' exceeding two months' rent or additional charges for energy costs in greenhouses.
If one party fails to sign, the tenant remains protected against eviction without a procedure through the subdistrict court. Sanction: invalid clauses will be voided. For international tenants from Poland or Morocco, EU regulations apply for cross-border recognition. Ensure duplicates are made and register with the Tax and Customs Administration for deductible mortgage interest or horticultural subsidies. This establishes a solid foundation for your rental relationship in the Westland horticultural region.