RENTAL AGREEMENT FOR RESIDENTIAL PROPERTY

Transcription

1 RENTAL AGREEMENT FOR RESIDENTIAL PROPERTY Adopted in accordance with the Real Estate Council of the Netherlands (ROZ) on 30 July Reference to th model and its usage are exclusively permitted if the filledin, added or different text is clearly recognisable as suc Additions and differences should preferably be included under the heading 'special provisions'. The ROZ rejects liability for any detrimental effects of using the text laid down in the model. Parties: THE UNDERSIGNED: Tenant 1 Surname : Forenames : Initials : Date of birth : Type of proof of identity : Identity document number : Account number : Postcode and place of bank : Mobile telephone number 2: : Postcode : Place of residence : Country : Tenant 2 Surname : Forenames : Initials : Date of birth : Type of proof of identity : Identity document number : Account number : Postcode and place of bank : Mobile telephone number 2: : Postcode : Place of residence : Country : THE LESSOR Name of lessor : Postcode and town/city: : and:

2 Bank account number : hereinafter referred to as the lessor ; HAVE ENTERED INTO AGREEMENT AS FOLLOWS The rented property, intended use 1.1 The lessor rents to the tenant and the tenant rents from the lessor the residential property, hereinafter referred to as 'the rented property', known locally as...,...city. 1.2 The rented property is designated exclusively for use as residential property. 1.3 The rented property is designated exclusively for use by...person / persons. 2. Conditions This agreement obliges the parties to act in compliance with the statutory provisions concerning the renting out and renting of residential property to the extent that no provision to the contrary is made in this agreement. The 'GENERAL CONDITIONS FOR RENTAL AGREEMENTS FOR RESIDENTIAL PROPERTY' as adopted on 30 July 2003 and filed on 31 July 2003 at the registry of the District Court in The Hague under number 74/2003, hereinafter referred to as the general conditions. These general conditions are known to the parties. The tenant has received a copy of those conditions. The general conditions are applicable unless express statement to the contrary is made in this agreement or it is not possible to apply them in respect of the rented property. Duration, renewal and termination 3.1 This contract comes into effect on... and remains in effect until... during this period the parties cannot prematurely terminate the contract by giving notice. The lessor will make the rented property available to the tenant on the commencement date of the rental period unless that is not a working day, and provided that the tenant has met all of his obligations to the lessor at that time. Contract for indefinite period of time If section 3.1 stipulates a certain time and this period expires without notice being given, the agreement will remain in effect for an indefinite period of time. Notice of termination must be given in accordance with the provisions of article 19 of the general conditions. Contract for definite period of time The tenant and the lessor have with mutual approval entered into a rental agreement, which, by its nature, is of short duration. Reliance on article 7:271 of the Netherlands Civil Code or any other provision of Book 7, Title 5 of the Netherlands Civil Code that precludes termination of the rental period upon mere expiry of the agreed rental period is judged in advance by the parties to be unacceptable in accordance with the principles of fairness and equity. The tenant will actually vacate and hand over the rented property, cleared of personal property and properly cleaned and in its original condition by 11:00 a.m. on the last official working day of the agreed period at the latest. Payment obligation, payment period 4.1 With effect from the commencement date of this rental agreement, the tenant s payment obligation comprises: the rent

3 the payment for additional supplies and services (service charges) provided for under paragraph 6. (to be supplemented) 4.2 The payment for additional supplies and services will be calculated in accordance with the provisions of 14.1 to 14.7 of the general conditions. That payment shall be covered by an advanced payment system with subsequent settlement, as indicated in that article. 4.3 The rent and the advance on the payment for additional supplies and services are payable in advance prior to or on the first day of the period to which the payment relates and in the manner indicated by the lessor. 4.4 The amounts for each payment period of one month are as follows: the rent the advance for service charges (gas, electricity, water) the advance for other service charges rental of furniture So that the tenant is liable for a total monthly payment of In words euros and eurocents. 4.5 In view of the date on which this rental agreement comes into effect, the first payment period relates to the period from...to...and the amount payable over that first period is... The tenant will pay this amount on or before... Rent adjustment 5.1 On the lessor s proposal and for the first time on..., and then annually, the rent can be adjusted by a percentage not exceeding the legally permissible percentage for residential property with a nonderegulated rent on the commencement date of that adjustment, in the absence of which the rent adjustment will be made in accordance with the provisions of If the rented property is independent residential property with a deregulated rent for residential property 1, the provisions of 5.1 are not applicable. In that case the rent will be adjusted for the first time on... and then annually in accordance with the provisions of paragraph 18 of the general conditions. Supplies and services 1 Independent residential property with a deregulated rent is defined as when upon commencement of occupation the tenant is liable for payment of a rent which, if necessary converted into an annual amount, is (and is permitted to be) higher than the amount provided for in article 3, paragraph 2, of the Dutch Housing Rents (Implementation) Act.

4 6. The additional supplies and services to be provided by or through the lessor are as follows: (text field) Taxes and other levies 7.1 Unless not permitted by law or legal regulations, the following charges are for the tenant s account, even if charged to the lessor: a. the water board or polder charges for the actual use of the rented property and the actual shared use of service areas, general and communal areas; b. environmental taxes, including the pollution level for surface waters and the waste water treatment levy; c. betterment levy, or related taxes or levies, in full or a proportion thereof, if and insofar as the tenant benefits from that on which basis the assessment or levy is imposed. d. other existing or future taxes, environmental protection contributions, charges, levies and user fees for the actual use of the rented property; in respect of goods of the tenant; which would not have been levied or imposed in full or in part had the rented property not been made available for use. 7.2 If levies, taxes, fees or other charges for the tenant's account are collected from the lessor, the tenant shall pay them to the lessor on the lessor's first request. Place of residence 8.1 From the commencement date of the rental period all notifications from the lessor to the tenant in connection with the execution of this rental agreement will be sent to the address of the rented property, which is the tenant's actual residential address. Once the rented property is no longer the tenant's permanent place of residence, he undertakes to notify the lessor as such without delay and in writing, stating his new address and place of residence. If the tenant permanently vacates the rented property without stating his new address to the lessor, the address of the rented property will continue to be considered the tenant's domicile. Building administrator 9. Until the lessor gives notification to the contrary, the building administrator is:...

5 Deposit 10. Upon signing this agreement the tenant will be liable to the lessor for the payment of... as a deposit for his correct compliance with his obligations under this agreement. If following the termination of this rental agreement the rented property is vacated and handed over in good condition, the lessor will repay the deposit less any further amount that the lessor can claim from the tenant, at least one month following the transfer of the rented property. In witness whereof, drawn up and signed in duplicate / triplicate Place Date Place Date (tenant(s)) (lessor) Individual signature of tenant (or tenants) for receipt of their own company of the GENERAL CONDITIONS FOR RENTAL AGREEMENTS FOR RESIDENTIAL PROPERTY as provided for in 2. Signature of tenant(s):