Content

• To step
• Part 1 of 2: Starting with the basics
• Part 2 of 2: Making the rental contract watertight
• Tips

Are you renting a house or a room for the first time? With a rental contract you ensure that it is properly arranged. If you and your landlord properly record your agreements, you prevent later discussions about what is and is not allowed, or about who is responsible for what. Leaking tap? Noise pollution from your upstairs neighbor? In the rental contract you arrange who has to solve this. You also record in the rental contract when you have to pay the rent and what happens if one of the two (tenant or landlord) does not fulfill the agreements. If you draw up a rental contract, you can start with a standard rental contract, and adjust what you and your landlord consider important. Below you will find more information about what should be in a rental contract.

To step

Part 1 of 2: Starting with the basics

1. Put a title above the lease. At the top of the paper, write "RENTAL CONTRACT" to clarify what kind of document it is.
2. Name all parties to the lease. Indicate who the landlord is, with name and address. Write the name in full (first name and last name). Do the same for the tenant. If you want, you can also include telephone numbers and e-mail addresses here.
3. Indicate which accommodation is involved. If you are renting a home, enter the address of the home here. If you rent a room, indicate which room you are renting in addition to the address (for example: room of 13 m2 on the second floor). Describe the condition of the home or room.
4. Record the period for which you are renting. Often a lease is for an indefinite period. In some cases a rental contract for a definite period is permitted, for example when it concerns a house that is for sale. Also indicate which notice period applies.
   • Rent protection applies to most leases. That means that your landlord cannot just throw you out on the street. Only in very specific cases there is no rental protection, for example if you rent a holiday home.
   • If you rent for a longer fixed period (longer than two years for a home or longer than five years for a room), you cannot cancel the lease within that period.
5. Record what you have to pay. In any case, include how much the rent is and how the rent should be paid.
   • Indicate before which date the rent must be paid (for example, before the 5th of each month) and to which IBAN the rent must be transferred.
   • Indicate what happens if you pay the rent too late. For example: "If the tenant pays the rent more than 10 days late, the tenant pays a one-off administration fee of € 60."
   • Indicate how the annual rent increase is calculated and, if necessary, include a fixed percentage or indexation clause in the contract. For example, the inflation rate for the previous year is 2 percent. The monthly rent will therefore be increased by the same 2 percent. This way the tenant and landlord know exactly where they stand.
   • Record the amount of the deposit. Also indicate when the deposit must be paid (usually before you get the keys) and under what conditions you will get the deposit back after the lease has expired.
6. Indicate who is responsible for what. Clearly establish who is responsible for paying the fixed charges (energy bill, water, waste tax, etc.) and who is responsible for the maintenance of any common area (for example a garden, driveway or storage room).
   • If your landlord pays the fixed costs, also record what happens with the annual statement. Many fixed costs depend on consumption, so that you receive money back or have to pay extra every year. Avoid surprises: determine in advance who will have to pay extra or who will get money back.
   • Also record who is responsible for repairs. This is partly already laid down in law, but to avoid ambiguity it is better to be clear about this. Generally, the landlord is responsible for major repairs and the tenant is responsible for minor repairs.
   • Determine when the landlord is allowed to enter the house or room. That is only in special situations, for example if your landlord has to repair something in the house. For example, you can include that in such a situation the landlord must announce his visit at least 24 hours in advance.
7. Include that the tenant must behave as a good tenant. This means, for example, that the tenant must comply with all legislation and that the tenant promises to use the house or the room only for its intended purpose.
   • Make sure that the house or room may only be used for living.
   • Record what the tenant must do if damage occurs to the home.
   • Record whether the tenant is allowed to make adjustments to the home. For example, can the tenant paint the walls (in a neutral color or bright yellow) or replace the doors? Indicate which changes are allowed and which are not, and which changes are allowed but must be reversed before the end of the lease. For example, the tenant is often allowed to drill holes, but the holes must be closed by the tenant at the end of the lease.
   • Include whether pets are allowed and what rules, if any, apply to them.
   • Include whether the tenant can sublet the house or room.
8. Include what happens if the terms of the rental contract are not adhered to. Record what happens if the tenant does not pay the rent, or if the landlord does not carry out necessary maintenance. When can the landlord throw the tenant out on the street? When can the landlord or tenant go to the rent assessment committee? When to go to court?
9. Leave space for the date on which the lease is signed and for the signatures. Tenant and landlord must both sign the lease, otherwise it will not be valid. Have both tenant and landlord keep a copy, so that both can read the agreements at a later time.

Part 2 of 2: Making the rental contract watertight

1. Follow the legislation. The law regulates a lot about the rights and obligations you have as a tenant or as a landlord. For example, there is rent protection and rent protection. It is important that you know which rules apply. If you include things in the lease that are against the law, it is often not valid. Make sure you read up carefully before drawing up the rental contract.
2. Have the lease checked by a legal advisor. Asking legal advice has two advantages: you know for sure that your rental contract complies with the law and you are better protected if problems arise. Engage a legal advisor who specializes in tenancy law. He or she knows how best to write things down in a lease and ensures that your lease is legally watertight.
3. Use clear language. A rental contract must be easy to understand. Use as little legal jargon as possible. Write in clear, short sentences. Avoid that complicated sentences later on you no longer exactly what you meant.
   • Check spelling and grammar. A rental contract with many language errors is difficult to read and can be confusing (oh wait, the landlord was going to build "no sauna" in your home instead of "a sauna"?).
   • Make the most important information bold. For example, the amount of the rent and the deposit, and important dates.

Tips

• Always check which legal rules apply before entering into a rental contract. You want to make sure that the lease does not violate the law.
• Always have a legal advisor look at the lease before signing it.