Reviewing a Rental Agreement in Leiden - Key Points to Note
Before signing a rental agreement, it is crucial to review it thoroughly. Some conditions may be unfair or even invalid. This article provides an overview of the most important aspects to check, specifically for tenants in Leiden.
Checklist for Your 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 out?
- ☐ Are your personal details correctly stated?
2. Description of the Property
- ☐ Is the address correct and complete?
- ☐ Are additional spaces such as a shed or parking space mentioned?
- ☐ Does the stated size match reality?
3. Rent Costs
- ☐ Is the basic rent price clearly indicated?
- ☐ Are service charges and other additional costs specified?
- ☐ Is it clear whether the rent is all-in or exclusive?
- ☐ Does the rent price align with the market or can it be tested?
4. Contract Term and Termination
- ☐ Is the start date correct?
- ☐ Is it a fixed-term or indefinite contract?
- ☐ What is the notice period?
- ☐ Are there rules for early termination?
Common Issues
Excessive Rent Increases
Pay close attention to the conditions for rent increases:
- Social housing: Limited to a statutory maximum
- Private sector: Often linked to inflation + a percentage. More than inflation + 3% is high
- Warning: Avoid contracts with unlimited increase options
Penalties and Sanctions
Penalty amounts must be fair:
- Penalty for late payment: usually €25-50 per month
- Unreasonably high penalties can be reduced by a court
- Penalties may not exceed the actual costs
Responsibility for Maintenance
Check who is responsible for maintenance:
- Minor repairs: Often at the tenant's expense (statutorily determined)
- Major repairs: Always the landlord's responsibility
- Attention: Deviations disadvantageous to the tenant may be invalid
Invalid and Challengeable Conditions
Certain contract conditions are invalid or challengeable:
| Invalid Condition | Explanation |
|---|---|
| No rent protection | Not permitted for residential properties |
| Rent above WWS points threshold | For social housing |
| Prohibition on cohabitation | In violation of legislation |
| Unilateral termination by landlord | Landlord cannot terminate at will |
Specific Clauses to Watch Out For
Diplomat Clause
A clause allowing the landlord to terminate if they need the property themselves:
- Only valid if explicitly agreed
- Must meet strict conditions
- Have this reviewed by an expert
Renovation Conditions
Rules regarding renovations during the rental period:
- Landlord may not renovate at will
- For complexes, 70% of tenants must agree
- Right to return after renovation
Pet Prohibition
A pet prohibition is possible, but:
- Must be explicitly stated in the contract
- For ongoing tenancies, difficult to enforce for existing pets
- Guide dogs are always permitted
Review Attachments
- ☐ Is there a handover report or inspection report?
- ☐ Is the energy label present?
- ☐ Are there house rules (for apartments)?
- ☐ Is there an inventory list (for furnished rentals)?
Doubt About the Contract?
- Do not sign immediately: Ask for extra time
- Request clarification: Have the landlord explain ambiguities
- Have it reviewed: Contact the Juridisch Loket Leiden (Stationsweg 46), a tenants' association, or a lawyer
- Negotiate: Request amendment of unreasonable conditions
- Consider: Is this property worth it despite the conditions?
After Signing
Even after signing, you can take action:
- Have rent price tested: Within 6 months via the Huurcommissie (social housing)
- Invalid conditions: Can always be challenged
- Check service charges: Review annually and object if necessary
Frequently Asked Questions in Leiden
Am I required to accept all conditions?
No, you can negotiate. However, 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 binding, even after signing. Challengeable conditions must be actively contested.
Where can I have my contract reviewed in Leiden?
Contact the Juridisch Loket Leiden (Stationsweg 46) for free advice, a local tenants' association, or a specialized lawyer. For legal disputes, you can go to the Rechtbank Den Haag, Leiden location.
Take sufficient time to carefully review your rental agreement. A good start prevents later problems.