Title 4
in forceRent
Section 1
General provisions
Lease is the agreement whereby one party, the lessor, undertakes to provide the other party, the lessee, with the use of an object or a part thereof…
If the lessee is entitled to the fruits of the property, this right shall be considered a right of enjoyment as referred to in Article 17 of Book 5…
Section 2
Obligations of the lessor
The lessor is obliged to make the property available to the lessee and to leave it at the lessee's disposal to the extent necessary for the agreed…
The lessor has the obligations described in this Section with respect to defects in the property.
The rights of the tenant arising from this Section shall accrue to the tenant, without prejudice to all other rights and claims.
The lessor is obliged to remedy defects at the request of the lessee, unless this is impossible or requires expenditures that, in the given…
In the event of a reduction in the enjoyment of the lease (huurgenot) resulting from a defect, the lessee may claim a proportionate reduction of the…
Without prejudice to the consequences of non-performance of the obligation under Article 206, the lessor is obliged to provide compensation for…
It is not permitted to derogate from Articles 206, paragraphs 1 and 2, 207 and 208 to the prejudice of the lessee insofar as it concerns defects…
If a defect which the lessor is not obliged to remedy pursuant to Article 206 renders the enjoyment that the lessee was entitled to expect entirely…
When a claim is brought against the lessee by a third party for eviction or for the granting of a right with which the property to which the lease…
Section 3
The obligations of the lessee
The lessee is obliged to pay the consideration in the agreed manner and at the agreed times.
The lessee is obliged to conduct himself as a good lessee with respect to the use of the leased property.
The lessee is only authorised to use the thing in the manner that has been agreed upon, and, if nothing has been agreed in this regard, in the manner…
The lessee is not authorised to change the layout or appearance of the leased property, in whole or in part, without the prior written consent of the…
The lessee is authorised, until the evacuation, to undo changes and additions made by him, provided that the leased property is thereby brought into…
The lessee is obliged to carry out minor repairs at his own expense, unless these have become necessary due to a failure of the lessor to fulfill his…
The lessee is liable for damage to the leased property that has arisen due to a failure to perform an obligation under the lease agreement…
The lessee is liable to the lessor for the conduct of those who use the leased property with his consent or who are present thereon with his consent…
If during the lease period urgent works must be carried out on the leased property or the lessor must allow something for the benefit of a…
The lessee is authorised to grant the use of the leased property, in whole or in part, to another person, unless he ought to have assumed that the…
If the lessee discovers defects in the property or if third parties disturb his enjoyment thereof or claim any right to the property, he must give…
The lessee of an immovable property or a part thereof is, if the lessor wishes to proceed to a lease after the expiry of the current lease or to a…
The lessee is obliged to place the leased property at the disposal of the lessor again at the end of the lease.
If, after the end of the lease, the lessee unlawfully retains possession of the leased property, the lessor may, for the period that he is deprived…
Section 4
The transfer of the lease upon the transfer of the leased property and the termination of the lease
Transfer of the property to which the lease agreement relates and the creation or transfer of an independent right of usufruct (vruchtgebruik)…
In the event of the creation or transfer of a limited right to the leased property, which is not included under Article 226 paragraph 1, the person…
A lease entered into for a fixed period ends, without a notice of termination being required for that purpose, when that period has expired.
The death of the tenant or the landlord does not terminate the lease.
If, after the expiry of a lease agreement, the lessee retains the use of the leased property with the consent of the lessor, the agreement shall…
If the lease relates to a built immovable property or a part thereof, and that property or part is neither living space nor business space within the…
Dissolution of a lease agreement relating to a built immovable property as well as a caravan within the meaning of Article 235, a pitch within the…
Section 5
Lease of residential space
This section applies exclusively to the lease of residential space.
Residential space shall be understood to mean a constructed immovable property insofar as it is leased as a self-contained or non-self-contained…
An independent dwelling (zelfstandige woning) shall be understood to mean the dwelling which has its own entrance and which the occupant can occupy…
A caravan (woonwagen) is understood to mean a building intended for habitation, which is situated on a pitch, can be moved in its entirety or in…
A pitch (standplaats) shall be understood to mean a parcel intended for the placement of a caravan, on which facilities are present that can be…
A mooring site (ligplaats) shall be understood to mean a place in the water intended for the mooring of a floating object intended for habitation.
In this section, price shall be understood to mean the entirety of the obligations that the lessee undertakes towards the lessor at the time of or in…
The Rent Tribunal (huurcommissie) shall be understood to mean the Rent Tribunal referred to in Article 3a of the Implementation Act on Rental Prices…
By Our Minister is meant Our Minister of the Interior and Kingdom Relations.
By general administrative measure, repairs may be designated which must be regarded as minor repairs that, pursuant to Article 217, are at the…
By or pursuant to an Order in Council (algemene maatregel van bestuur), it shall be determined which non-conformities shall in any event be…
Except by means of a standard regulation as referred to in Article 214 of Book 6, no derogation to the prejudice of the lessee may be made from…
If living space in a built immovable property requires facilities as referred to in paragraph 2, the court may, upon petition of the tenant…
In deviation from Article 221, the lessee of residential space is not authorised to grant the use of the leased property, in whole or in part, to…
Further rules regarding rent prices and other fees are provided in the Implementation Act on Rent Prices for Living Accommodation (Uitvoeringswet…
With regard to rent, the rental prices agreed upon by the parties shall apply, insofar as this subsection does not provide otherwise.
The following articles of this subsection are, except for Articles 248 paragraphs 3 and 4, 249, 250 paragraph 4, 251, 252 insofar as it concerns a…
The following articles of this subsection, with the exception of Articles 248 paragraphs 3 and 4, 251, 259, 261 paragraph 1, 262 and 264, do not…
Articles 248 paragraphs 1 and 2, 252 insofar as it concerns a proposal for an increase of the rent, 252a, 252b, 253 and 255a shall not apply to a…
The rent may be increased either on the basis of a clause in the lease agreement providing for such an amendment, or, if such a clause is not in…
The tenant may, until no later than six months after the point in time at which a lease agreement entered into by him for the first time with respect…
The rent may be increased at the petition of the lessor in the manner prescribed in Articles 252, 252a, 252c and 253:
Provisions in lease agreements that result in the rent being increased more than once in any twelve-month period are void, unless it concerns the…
A proposal for an amendment of the rent must be made in writing at least two months before the proposed date of commencement of the amendment.
A lessor may, in respect of residential space constituting self-contained housing, make a proposal as referred to in Article 252, aimed at increasing…
Without prejudice to the provisions of Article 252a paragraph 6, a tenant may, in respect of living space which constitutes an independent dwelling…
A lessor may, in respect of residential space which constitutes an independent dwelling, make a proposal as referred to in Article 252, aimed at…
If the tenant, prior to the time at which the increase of the rent price according to the proposal should have taken effect, declares in writing not…
If the lessor does not agree to a proposal by the lessee for a reduction of the rent, the lessee may, no later than six weeks after the time at which…
The rent for residential space in or to which, during the lease period, by or on behalf of the lessor:
This Article applies exclusively to lease agreements as referred to in Article 247.
For the claim of the lessee for a reduction of the rent on the basis of Article 207 paragraph 1 in conjunction with Article 242, a period of…
If the lease agreement comprises more than the mere use of the living space and under that agreement only the amount of the price and not that of the…
The payment obligation of the tenant with respect to costs for utilities with an individual meter and the service costs shall amount to the sum…
If the tenant and the landlord have been unable to reach agreement on a payment obligation of the tenant regarding costs for utilities with an…
The advance payment amount that the tenant is liable to pay pursuant to an agreement or a court ruling in respect of the costs for utilities with an…
If an energy performance fee has been agreed upon, the tenant may petition the Rent Tribunal (huurcommissie) to assess it against the rules issued…
It may be stipulated in the lease agreement that the tenant owes a security deposit (waarborgsom) intended as security for that which has been agreed…
When the Rent Tribunal (huurcommissie) has rendered a decision on a petition of the tenant or the landlord as referred to in paragraphs 1 and 2, they…
A change in the rent, determined in a decision of the rent committee (huurcommissie) or of the court, may be charged with effect from the day…
Any clause made in connection with the conclusion of a lease agreement concerning residential space, not relating to the rent, is void to the extent…
No derogation from the provisions of this subsection is permitted, unless otherwise follows from those provisions.
The spouse or registered partner of a tenant is a co-tenant by operation of law, as long as the living space serves as the principal residence of the…
If, upon the joint petition of a tenant and another person who has their main residence in the living space and maintains a sustainable common…
Upon the death of the tenant, the co-tenant shall continue the lease as tenant. He may terminate the lease within six months after the death by means…
Upon the death of the lessee of a mooring site, Article 268 shall not apply if that lessee was the owner of the floating object moored at that…
The sublease relating to self-contained housing where the subtenant has his principal residence shall, in the event of termination of the lease…
The tenant who wishes to effect an exchange of residential space may claim that the court shall authorise him to substitute another person in his…
In the event of a continuation of the lease on the basis of Articles 266, 268 and 269, the person who continues the lease is obliged to give notice…
If the lessee of a mooring site is the owner of the floating object moored at that site and intended for habitation, that lessee may, upon the sale…
In deviation from Article 228 paragraph 1, a lease entered into for a fixed period does not terminate by the mere expiry of the lease term; it may be…
A terminated lease agreement shall, unless the tenant has terminated the agreement or has consented in writing to its termination after the…
In its decision on the petition referred to in Article 272, paragraph 2, the court shall take into account only the grounds stated in the notice of…
The court may only grant the claim
For the purposes of Article 274, paragraph 1, subparagraph (c), personal use shall also include the provision of an independent dwelling to a…
Personal use within the meaning of Article 274, paragraph 1, under (c), shall include the provision of an independent dwelling to an elderly person…
Personal use within the meaning of Article 274, paragraph 1, subparagraph (c) shall also include the provision of living space to a young person…
Personal use within the meaning of Article 274, paragraph 1, subparagraph (c) shall also include the provision of residential space to a student…
Personal use within the meaning of Article 274, paragraph 1, subparagraph (c) shall include the provision of living space to a doctoral candidate…
Personal use within the meaning of Article 274, paragraph 1, subparagraph (c) shall also include the provision of living space to a large family…
Personal use within the meaning of Article 274, paragraph 1, subparagraph (c) shall include the provision of residential space to a housing seeker…
If the court grants a claim for termination of the lease agreement on the grounds referred to in Article 274, paragraph 1, under (c) and (e), it may…
If the lessor has terminated the agreement on the ground referred to in Article 274, paragraph 1, under (c) or (h), and the claim for termination of…
If the court has extended the lease agreement, the lessor may terminate the agreement again with due observance of Article 271 and the periods…
A sublease agreement of living space that is not continued by the principal lessor pursuant to Article 269 after the termination of the principal…
If a defect within the meaning of Article 204 renders the part of the leased living space that is necessary for the habitation of the tenant and his…
Before pronouncing a dissolution (ontbinding) on the basis of Article 231, the court may grant the lessee a period of at most one month to still…
If a lessor, to whom the rights and obligations under the lease agreement have passed pursuant to Article 226, wishes to realise a function allocated…
Articles 272 up to and including 281 may not be deviated from to the detriment of the lessee or sublessee.
Section 6
Rent of business space
The provisions of this section apply to the lease and let of business premises.
No derogation may be made from the provisions of this Section to the detriment of the lessee.
The lease agreement applies for five years or, if a longer fixed term has been agreed upon, for that longer term.
The agreement which is valid for five years, and the agreement entered into for a term longer than five years but shorter than ten years, may be…
A notice of termination by the lessor is void if it does not state the grounds that led to the termination.
A terminated lease agreement shall, unless the tenant has terminated the agreement or has consented in writing to its termination after the…
If the notice of termination has been given against the end of the first term referred to in Article 292, paragraph 1, for which the lease agreement…
The court may, in its decision to grant the claim, determine an amount that the lessor must pay to the lessee or to the person to whom the property…
In the case referred to in Article 296, paragraph 4, under (c), the court may grant the tenant a period of no more than one month to nonetheless…
If the agreement has been terminated on the ground that a person referred to in Article 296, paragraph 1, under (b) intends to personally take the…
If the original duration of the agreement has been extended pursuant to Article 292, paragraph 2, and the extended agreement has not been terminated…
Articles 291 up to and including 300 shall not apply to an agreement of two years or shorter.
Termination of the agreement by the heirs of the tenant, or respectively his spouse (echtgenoot) or registered partnership (geregistreerd…
Both the lessee and the lessor may claim that the court shall further determine the rent, if it does not correspond to that of comparable business…
An action for a further determination of the rent is only admissible if it is accompanied by an advice regarding the further rent, drawn up by one or…
The lessor who, pursuant to a decision as referred to in Article 13 or 15 of the Housing Act (Woningwet), has implemented provisions as referred to…
A sublease agreement of business premises terminates at the time of eviction determined by the court upon a claim by the principal lessor in…
If the transfer by the lessee to a third party of the business conducted in the leased property by the lessee himself or by another is desired, the…
If the lessor, after the lease agreement has ended by notice of termination on his part, enjoys a benefit as a consequence of the fact that the…
If a lessor, upon whom the rights and obligations under the lease agreement have devolved pursuant to Article 226, terminates this agreement by…
If a lessor, to whom the rights and obligations under the lease agreement have passed pursuant to Article 226, wishes to realise a function allocated…