Rental and Notice Periods: Important Information

Questioner

Dear, As a landlord, I want to rent out independent residential space for a fixed period of up to 2 years (or less) pursuant to Article 7:271 paragraph 1 of the Dutch Civil Code (possible since 1 July 2016). On the government website I found the following information about the notice period for the tenant: • The notice period is equal to the payment term. • At least 1 month in advance, regardless of the payment term. • Maximum 3 months in advance, regardless of the payment term. As a landlord, how can I now include the 3-month notice period for the tenant in the rental agreement? The general provisions pertaining to this agreement ROZ 2017 article 18.1 state: Termination must be effected by bailiff's writ or registered letter and on an agreed day for rent payment (usually the first day of a calendar month) and with due observance of a notice period. The notice period for termination by the tenant is equal to the duration of a payment period, but not shorter than one month and not longer than three months and for termination by the landlord not shorter than three months and with due observance of article 7:271 paragraph 5 BW. Or should I include that payment must be made quarterly and that the notice period is 3 months? Thanks for the response Yours sincerely

Lawyer

Generally, fixed-term contracts cannot be terminated prematurely. So the only thing that applies is that the landlord must give notice of the end of the lease three months before it expires. If you want to arrange interim termination, this must be properly recorded, the reason and the notice period of the tenant or landlord. (for example, an appeal to the diplomatic clause) Section 5 does not apply to short-term rental of less than 2 years for an independent space. What must be done is stated in the law 271 section 1 a and b

Questioner

Dear Monoque Ferweda, thanks for your response, but.... Government information: Short-term rental: Fixed-term rental contract for an independent home: Terms and Conditions Rent is for a fixed period. Rental lasts for a maximum of 2 years. What should be included in the contract? An agreed rental period of a maximum of 2 years. Long term contract The contract ends automatically after the agreed term. The landlord must confirm this in writing to the tenant at least 1 and maximum 3 months in advance. Extension is possible. But then the lease changes into a contract for an indefinite period. This also applies if the first term was shorter than 2 years. Tenant's interim termination Are you a tenant and do you want to cancel in the meantime? Then you must do so within the following periods: The notice period is equal to the payment term. At least 1 month in advance, regardless of the payment term. Maximum 3 months in advance, regardless of the payment term. Terminate landlord prematurely The landlord may not terminate the lease prematurely. SO: Are you a tenant and do you want to cancel in the meantime? Then you must do so within the following periods: The notice period is equal to the payment term. At least 1 month in advance, regardless of the payment term. Maximum 3 months in advance, regardless of the payment term. What does that mean? And do you have to arrange for a three-monthly payment of the rent in the rental agreement if you want to effectuate a three-month notice period from the tenant? Thank you in advance for your response. Yours sincerely.

Lawyer

Usually, rental contracts are agreed for a fixed period without interim termination being allowed. If nothing has been arranged, in a contract of max. 2 years that applies. (or in a contract of the Vacancy Act but not applicable here). So nothing arranged then both tenant and landlord must serve out, ROZ conditions can be declared applicable, but then explicitly state in the rental agreement that tenant may terminate prematurely. In that case, tenant may terminate in compliance with the rule you mention. I recommend that interim termination not be made possible or excluded. The ROZ conditions are also intended in particular for other contracts, of indefinite duration. For that reason, the government has apparently adopted that information, not entirely correctly, at least this generally does not apply to the part of fixed-term contracts shorter than 2 years.

Questioner

Thanks for your response 3.1 This rental agreement has been entered into for a maximum period of two (2) years or less (independent residential accommodation), namely ……………[months/year*], commencing on …….and running until and including ……………………………… The rental agreement stated that the landlord cannot terminate the lease prematurely. I modified it as follows: 3.3 During the period referred to in Article 3.1, neither the tenant nor the landlord may terminate this rental agreement prematurely by giving notice. That seems good to me, right?

Lawyer

Yes, and you can exclude the relevant pink condition by also mentioning it in article 3.3. (About termination, etc.) The tenant no longer has to give notice, but note that the landlord must give notice of the end of the lease agreement according to the law.