At home in landlord and tenant law
All sorts of problems fall under landlord and tenant law, from a leak in the roof of commercial premises that the landlord fails to repair, to tenants who consistently fail to pay their rent on time and the termination of a lease contract for your office because the building is being sold. Landlord and tenant law sets out all the rights and obligations of both tenants and landlords and covers not just dwellings, but also shops and offices, as well as land and items of property.
The rules of landlord and tenant law are laid down in Book 7 of the Dutch Civil Code (Burgerlijk Wetboek). Some of these rules are mandatory. For example, housing is subject to strict provisions on the protection of tenants’ rights. However, shops, cafés and restaurants are also covered by mandatory rules of law on the termination of lease contracts, the amount of rent paid by tenants, and the right of substitution. Tenants of other types of buildings are protected against eviction once the landlord has given notice to quit.
You are not free to ignore rules of mandatory law. For example, if you draft a rental agreement the terms of which are not consistent with these rules, you may find that your tenant actually has more rights than you had assumed. There are, however, certain rules that you may depart from, as long as this is not against the tenant’s interests. In short, landlord and tenant law is a highly specialist field of law.
Be sure to engage us in time
We can help you from an early stage, for instance by drafting a rental agreement, thus ensuring that you do not ask your tenant to sign a contract that is against the law and which you will ultimately be unable to enforce. The termination of a rental agreement is also subject to all sorts of rules. If you ask us to advise you during the termination process, you won’t run any risk of being stuck with your tenant for an unlimited period of time.
Naturally, we can protect tenants' rights and interests as well, so don’t hesitate to contact us if there is a problem with your property for which you believe your landlord is responsible.