Reviewing Rental Agreements in Westland - Key Points of Attention
Before signing a rental agreement, it is crucial to inspect it thoroughly. Some conditions may be unfair or even invalid. This article provides an overview of the most important aspects to watch out for, specifically for tenants in Westland.
Key Checkpoints for Rental Agreements
1. Details of the Parties
- ☐ Are the name and address of the landlord correct?
- ☐ Is the landlord the owner or authorized to rent?
- ☐ Are your personal details correctly stated?
2. Description of the Property
- ☐ Is the address complete and correct?
- ☐ Are additional spaces such as a garage or storage mentioned?
- ☐ Does the stated surface area match reality?
3. Rent Amount and Costs
- ☐ Is the base rent clearly stated?
- ☐ Are service charges and other costs specified?
- ☐ Is it clear whether the rent is all-in or exclusive?
- ☐ Does the rent price align with the market or can it be tested?
4. Contract Duration and Termination
- ☐ Does the start date of the contract match?
- ☐ Is it a temporary or indefinite contract?
- ☐ What is the notice period for both parties?
- ☐ Are there conditions for early termination?
Common Problems and Pitfalls
Unfair Rent Increases
Pay close attention to the rules for rent increases:
- Social housing: Limited to the statutory maximum
- Private sector: Often linked to CPI + a percentage, more than CPI + 3% is high
- Warning: Avoid clauses that allow unlimited increases
Penalties and Sanctions
Penalty clauses must be fair:
- Penalty for late payment: often between €25 and €50 per month
- Excessively high penalties can be reduced by the court
- Penalties may not exceed the actual damage
Division of Maintenance
Check who is responsible for maintenance:
- Minor repairs: Usually the tenant (according to the law)
- Major repairs: Always the landlord
- Watch out: Invalid clauses that disadvantage the tenant
Invalid and Challengeable Conditions
Certain contract conditions are invalid or challengeable:
| Invalid Condition | Explanation |
|---|---|
| No rent protection | Prohibited for residential spaces |
| Rent above WWS points limit | For social housing |
| Prohibition on co-tenancy | In conflict with legislation |
| Unilateral termination by landlord | Not permitted without good reason |
Specific Clauses to Watch Out For
Diplomat Clause
A provision allowing the landlord to terminate for own use:
- Only valid with clear prior agreements
- Must meet strict conditions
- Have this reviewed by an expert
Renovation Conditions
Conditions regarding renovation works during tenancy:
- Landlord may not renovate without consultation
- For complexes, 70% of tenants must agree
- Right to return after renovation must be safeguarded
Rules for Pets
A ban on pets is possible, but:
- Must be explicitly stated in the contract
- Difficult to enforce for existing tenants' current pets
- Guide dogs are always permitted
Important Attachments
- ☐ Is there a delivery report or inspection report?
- ☐ Is the energy label present?
- ☐ Are house rules attached (for apartments)?
- ☐ Is there an inventory list (for furnished rentals)?
Doubts about the Contract?
- Don't sign immediately: Ask for extra time
- Ask questions: Request clarification from the landlord
- Have it reviewed: Contact Juridisch Loket Westland, a tenants' association or a lawyer
- Negotiate: Request amendment of unreasonable conditions
- Consider carefully: Does this property suit you, despite the conditions?
Actions After Signing
Even after signing, there are options:
- Check rent price: Within 6 months, have it tested by the Huurcommissie (social housing)
- Invalid conditions: Can always be challenged
- Service charges: Check annually and object if necessary
Frequently Asked Questions about Rental Agreements
Am I required to accept all conditions?
No, negotiation is possible. However, keep in mind that the landlord may choose another tenant.
Can I still challenge a signed contract?
Yes, invalid conditions are not binding, even after signing. Challengeable conditions must be disputed by you.
Where can I have my contract reviewed in Westland?
Contact Juridisch Loket Westland (free advice), local tenants' teams or a specialized lawyer. Additionally, you can go to the District Court of The Hague (district) for legal disputes.
Take sufficient time to carefully review your rental agreement, especially in Westland where specific rules and circumstances may apply.