Property law
Your home is your castle, especially as an expat
A new house in which to live your new life is essential, but unfamiliar laws can add a lot of stress, especially when the paperwork is in another language.
The last thing you want is to find “surprises” in your purchase or rental contract after you have signed.
Our experts can advise you on all aspects of property law, from renting or buying a home to understanding your rights and responsibilities under Dutch law.
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FAQ’s
Yes, if you are a diplomat who is about to be deployed to another country, then it is possible for you to rent out your residential property for the time you are away by including a so called ‘diplomatic clause’ in the tenancy agreement. This clause allows you to terminate the agreement and return to your property at the end of your deployment. For more information, see this article.
Yes, if the tenant has signed a tenancy agreement, then it is their (main) obligation to pay the rent. If your tenant has stopped paying rent and incurred rent arrears, they are in breach of contract which under conditions allows you to terminate the tenancy agreement. You can either terminate the lease by giving notice, or dissolve the agreement. For more information, see this article.
Yes, in principle a landlord is obliged to repay the deposit within 14 days after the end date of the lease. However, if you still owe your landlord money or if there are damages to the property that are for your account, the landlord may deduct this from your deposit. In that case they must pay back the remaining deposit within 30 days. If your landlord does not, you can engage a bailiff to reclaim the deposit.
The first thing to know, is what type of business space you are renting (out). In the Netherlands, a distinction is made between so-called 290 business spaces and 230a business spaces. The former category concerns spaces for the operation of a retail business (e.g. restaurants and shops), the latter category concerns office spaces (e.g. storages spaces and showrooms). The legislation applicable to both type of spaces differs a lot; tenants of 290 business spaces enjoy far more protection than tenants of 230a business spaces. It is therefore important to know exactly what type of space you are renting (out) before entering into a tenancy agreement. For more information, see this article.
No, after the property is sold the new owner will automatically become your new landlord. They are bound by the legal rules for termination, the same as your previous landlord. The sale of the property does not terminate the tenancy agreement. If the new owner wants to use the property themselves (“urgent own use”), they can only terminate the agreement three years after they have notified you in writing that they are the new owner. For more information, see this article.
