EXPERTISE
Contracts and tenancy
A contract read before signing costs less than a dispute about it afterwards. We draft, review and negotiate contracts for individuals and businesses, and handle disputes about performance, termination, damages and rent.
YOUR CONTACT
Legal adviser and founder
How we can help
Purchase, service, lease and cooperation agreements, national and international
Consumer purchases: defective goods, repair or replacement, and termination of the contract
Termination, default and damages claims, and debt collection
Residential and commercial tenancy: rent, defects, termination and eviction
Proceedings before the subdistrict court, which hears tenancy and consumer purchase cases of any value and other claims up to €25,000 (article 93 of the Dutch Code of Civil Procedure, Rv)
Good to know
In practice we often see contracts called “short stay”, “per night” or “without notice period”. Many of them are ordinary residential leases with full protection: the law excludes only use that is short-term by its nature, such as a holiday let (article 7:232(2) BW), and a clause that ends the lease without notice is void (article 7:271(8) BW).
As a rule, a landlord can end a lease only on a ground listed in article 7:274 BW and, if the tenant does not agree, only through the court. Cutting off water or electricity or changing the locks is never allowed, not even when rent is unpaid. Tenants who paid commission to an agent who also acted for the landlord can usually reclaim it (articles 7:417(4) and 7:427 BW).
Tenancy cases are heard by the subdistrict court, where we can represent you ourselves (articles 93, 79(1) and 80(1) Rv). Other cases before the district court, and appeals, require an attorney (article 79(2) Rv); we then work with one and prepare the file.
Key changes
July 2023 · Good landlordship
All agreements in writing, information on the tenant’s rights and obligations, a deposit of at most two months’ basic rent, and no discrimination or intimidation
July 2024 · Permanent leases
New leases are in principle for an indefinite period; a fixed term of up to two years only for designated groups, such as students who move to another town for their studies
July 2024 · Maximum rents
A binding maximum rent for homes up to 186 points under the points system, for leases concluded from that date
July 2026 · Bill
Short stay capped at 30 days and more room for fixed-term leases; not yet law
QUESTION
Can you check a contract before I sign it?
Yes. Send us the draft; you receive a written assessment of the risks and the clauses to change, usually for a fixed fee agreed in advance.
Tell us what happened. We take it from there.
Call or WhatsApp +31 6 11 61 02 90, e-mail info@justenalaw.nl, or send your question through the form.