Important information that is not stated in a rental contract:
The following information should not be stated in a rental contract. If any of the following information is stated in your rental contract, it is no binding by law. Contact your landlord if so. If one of these clauses is part of your contract, it is not a positive sign.

Maximum term of agreement
Strictly speaking, a maximum term of agreement on a rental contract does not exist. A regular rental contract continues indefinitely, even if a fixed term is specified. Contracts with a maximum term of 1 year do exist, but only when temporary rent is concerned. A minimum term of agreement of 1 year is however allowed in a contract.

Period of notice for a tenant
The period of notice equals the term of payment. This is usually a month. The maximum period of notice is three months, and is only permitted if the term of payment is also three monthly.

Period of notice for a landlord
The period of notice for landlords is a minimum of three months. For every year the tenant ceaselessly rents the room, a month is added. The maximum period of notice is six months.

Dissolution of the agreement

Tenants are protected by rent protection. This means a rental contract can be terminated any time if the tenant agrees. When the landlord and tenant cannot come to an agreement, the landlord can opt for dissolution by the sub district court. A cantonal judge will then rule over the case. Examples of grounds on which the landlord can claim for dissolution are:
– The tenant is not a ‘good’ tenant – outstanding rent payments or disturbance by the tenant
– Concerning a temporary rental contract, if the conditions are met
– Urgent personal use by the landlord

Service costs not subdivided

The basic rent and service costs have to be subdivided in the rental contract. All-in rent prices are not permitted without specification. Advanced payments for service costs also need to be specified. Service costs are always paid a year in advance by the tenant, usually as a part of your monthly rent. Before the 1ste of July of each year your landlord is required to send an overview of all the costs made in the previous year. As you pay service costs in advance, it is possible that the amount you have paid differs from the amount in the overview. Payment of a possible balance difference should be settled with your landlord.

Unjustified billing of taxes

Municipal taxes consist of owners- and user taxes. Owners taxes, such as property tax, should be paid by the landlord. Users taxes can legally be passed on for payment by the tenant. It may occur that taxes are passed on to a tenant, which the tenant is not (legally) obliged to pay. If this occurs, contact your landlord or the Housing Helpdesk for advice.

Taxes for nondependent accommodation:
User taxes: –
Owner taxes: property tax, waste tax and sewage tax

Taxes for independent accommodation:
User taxes: residents tax, waste tax and sewage tax
Owner taxes: property tax

Unjustified billing for large-scale maintenance
The landlord is responsible for large-scale maintenance to the premise. Tenants are responsible for day-to-day reparations and small-scale maintenance. A contribution to the Union of (home)Owners is therefore never in full for the tenant. Certain features may be billed, such as cleaning cost and porch lighting.