Reviewing a Rental Agreement in Zoetermeer - Key Points of Attention
It is crucial to thoroughly inspect a rental agreement before signing. Some conditions may be unfair or even invalid. This article provides an overview of the most important aspects to check, specifically for tenants in Zoetermeer.
Key Checklist Points for Rental Agreement
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. Rental Costs
- ☐ Is the base rent clearly stated?
- ☐ Are the service charges specified?
- ☐ Is the difference between all-in and bare rent clear?
- ☐ Is the rent price in line with the market or can it be tested?
4. Contract Duration and Termination
- ☐ Does the contract start date match?
- ☐ Is it a fixed-term or indefinite contract?
- ☐ What is the notice period?
- ☐ Are there conditions for early termination?
Common Risks
Excessive Rent Increases
Pay close attention to the provisions on rent increases:
- Social housing: Limited to a statutory maximum
- Private sector: Often based on CPI + a percentage. More than CPI + 3% is significant
- Warning: Avoid clauses that allow unlimited increases
Penalty Clauses
Penalties must fall within reasonable limits:
- Penalty for late payment: usually €25-50 per month
- Unreasonably high penalties can be reduced by the court
- Penalties may not exceed the actual damage
Responsibility for Maintenance
Check who is liable for what:
- Minor repairs: Often at the tenant's expense (statutorily determined)
- Major repairs: Always the landlord's responsibility
- Attention: Unreasonable deviations to the tenant's disadvantage may be invalid
Invalid and Challengeable Conditions
Certain clauses are invalid (not legally valid) or challengeable:
| Invalid Condition | Explanation |
|---|---|
| No rent protection | Not permitted for residential spaces |
| Rent above WWS points limit | For social housing |
| Prohibition on cohabitation | In conflict with legislation |
| Unilateral termination by landlord | Landlord cannot terminate without reason |
Specific Issues in Zoetermeer
Diplomat Clause
A clause allowing the landlord to terminate if they need the property themselves:
- Only legally valid if explicitly agreed
- Must meet strict conditions
- Have this reviewed by an expert
Renovation Conditions
Clauses regarding renovations during the rental period:
- Landlord may not renovate without permission
- For complexes, 70% of tenants must agree
- Tenants have right of return after renovation
Pet Prohibition
A pet ban is possible, but:
- Must be explicitly stated in the contract
- For existing rental agreements, difficult to enforce for existing pets
- Guide dogs are always permitted
Inspecting Attachments
- ☐ Is there a delivery or inspection report?
- ☐ Is the energy label present?
- ☐ Are house rules attached (for apartments)?
- ☐ Is there an inventory list (for furnished rentals)?
What If You Have Doubts?
- Don't sign immediately: Ask for extra time
- Seek clarification: Ask questions to the landlord
- Have it reviewed: By Juridisch Loket Zoetermeer, a tenant team or a lawyer
- Negotiate: Request adjustment of unreasonable conditions
- Consider: Is this property worth it despite the conditions?
After Signing
Even after signing, there are options:
- Check rent price: Within 6 months via the Huurcommissie (social housing)
- Invalid conditions: Can always be challenged
- Service charges: Review annually and object if necessary
Frequently Asked Questions in Zoetermeer
Am I required to accept all conditions?
No, negotiation is possible. Keep in mind that the landlord can also rent to someone else.
Can I still challenge a signed contract?
Yes, invalid conditions are not legally valid, even after signing. Challengeable conditions must be disputed by you.
Where can I have my contract reviewed in Zoetermeer?
At Juridisch Loket Zoetermeer (free of charge), local tenant teams or a lawyer specialized in tenancy law.
Take sufficient time to check your rental agreement, especially if renting in Zoetermeer. For legal assistance, you can always go to Juridisch Loket Zoetermeer or the District Court of The Hague.