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Residence Agreement for the Netherlands

Residence Agreement Template for Netherlands

A Dutch Residence Agreement is a legally binding contract governed by Dutch law that establishes the terms and conditions for the rental of residential property in the Netherlands. The agreement complies with the Dutch Civil Code (particularly Book 7) and relevant housing legislation, incorporating mandatory provisions for tenant protection, maintenance obligations, and rental terms. It details the rights and obligations of both landlord and tenant, including rent payment terms, security deposit arrangements, property maintenance responsibilities, and conditions for termination, while ensuring compliance with local housing regulations and tenant protection laws.

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What is a Residence Agreement?

The Residence Agreement serves as the primary legal document governing the relationship between landlords and tenants in residential property rentals in the Netherlands. This agreement is essential for establishing clear terms and conditions for residential tenancies while ensuring compliance with Dutch housing law, particularly the Dutch Civil Code (Burgerlijk Wetboek) and the Housing Act (Woningwet). The document is used when renting out any type of residential property, from apartments to single-family homes, and can be adapted for various situations including private rentals, social housing, and student accommodation. It includes crucial information about rent payments, maintenance responsibilities, security deposits, and termination conditions, while incorporating mandatory provisions required by Dutch law to protect both landlord and tenant interests.

What sections should be included in a Residence Agreement?

1. Parties: Identification of the landlord and tenant(s), including full legal names, addresses, and identification numbers

2. Background: Context of the agreement and brief description of the property

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Detailed description of the rental property, including address, type, size, and included facilities

5. Term and Commencement: Duration of the tenancy and start date, specifying whether fixed-term or indefinite

6. Rent and Other Charges: Rental amount, payment terms, and specification of service charges and utilities

7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit

8. Use of Property: Permitted use of the property and restrictions on use

9. Maintenance and Repairs: Responsibilities of landlord and tenant regarding maintenance and repairs

10. Landlord's Obligations: Legal obligations of the landlord under Dutch law

11. Tenant's Obligations: Legal obligations of the tenant including care of property and compliance with regulations

12. Insurance: Required insurance coverage for both parties

13. Access and Inspection: Conditions under which landlord may access the property

14. Termination: Conditions and procedures for terminating the agreement

15. Notices: How formal communications between parties should be made

16. Governing Law: Specification of Dutch law as governing law and jurisdiction

What sections are optional to include in a Residence Agreement?

1. Pets: Rules regarding keeping pets in the property - include when pets are permitted

2. Subletting: Terms for subletting or temporary rentals - include when subletting is allowed

3. Parking: Terms for use of parking facilities - include when parking is available

4. Shared Facilities: Rules for use of shared facilities - include for properties with common areas

5. Energy Performance: Specific provisions about energy efficiency - include when property has specific energy requirements or certifications

6. Renovation Clause: Terms for potential renovation works - include when renovations are planned

7. Monument Status: Special conditions for listed buildings - include for properties with monument status

8. Student Housing: Specific provisions for student accommodation - include for student housing

9. Temporary Lease: Special conditions for temporary leases - include for short-term or temporary contracts

What schedules should be included in a Residence Agreement?

1. Inventory List: Detailed list of furniture and equipment provided with the property

2. Property Condition Report: Detailed description of property condition at start of tenancy

3. House Rules: Specific rules and regulations for the property or building

4. Service Charges Breakdown: Detailed breakdown of service charges and what they cover

5. Energy Label Certificate: Copy of the property's energy performance certificate

6. Floor Plan: Detailed plan of the property showing all rooms and measurements

7. Maintenance Guide: Guide detailing tenant's maintenance responsibilities

8. Registration Certificate: Municipal registration documents where required

9. Photos: Photographic evidence of property condition at start of tenancy

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Student Agreement

Sector

Education

Cost

Free to use

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