ច្បាប់ជួលនៅ Eindhoven និង Amsterdamសិទ្ធិ និង ជម្លោះ

ច្បាប់ស្តីពីការជួលផ្ទះរបស់ប្រទេសហូឡង់ (huurrecht) ផ្តល់ឱ្យអ្នកជួលលំនៅដ្ឋាននូវសិទ្ធិកាន់កាប់ Eindhoven, Amsterdam and the rest of the Netherlands strong protection: a landlord can only end a tenancy on the grounds listed in Article 7:274 of the Dutch Civil Code (BW), and only through the court if the tenant does not agree. The main exception is commercial property, where the parties have more contractual freedom and the protection depends on the type of premises.

This article explains the rights of tenants and landlords, the most common disputes, which body decides them and which deadlines apply. The rules are in Book 7 BW, Articles 7:201 and following, and most of them are mandatory: a clause that departs from them to the tenant’s disadvantage is void.

Which rules apply to your tenancy?

That depends on two questions: is the property living space or business premises, and is the rent regulated? Residential tenants have the widest protection; business tenants have less.

For business premises the law distinguishes retail and hospitality premises (Article 7:290 BW), with fixed minimum terms and protection against termination, from other premises such as offices (Article 7:230a BW), where the tenant mainly has protection against eviction. Mistakes in a commercial lease can therefore be costly.

Can a residential tenancy still be temporary?

Since 1 July 2024 a tenancy of living space is in principle for an indefinite period. Under Article 7:271 BW a fixed-term tenancy does not end automatically when the term expires; temporary contracts are only possible for categories of tenants designated by government decree, such as students.

How is the rent regulated?

Under the points system (woningwaarderingsstelsel, WWS) each home receives points for size, facilities, energy performance and WOZ value, and the points determine the maximum rent. Since the Affordable Rent Act (Wet betaalbare huur) took effect on 1 July 2024, maximum rents apply to both the social and the mid-market rental sector; only above the mid-market rental threshold does the free sector start.

Under Article 7:249 BW the tenant can ask the Rent Tribunal (Huurcommissie) to assess the agreed initial rent until six months after the tenancy started. The Huurcommissie’s online rent check shows the points and the current maximum rent for your home.

Which body decides a tenancy dispute?

The Rent Tribunal decides disputes about rent, rent increases, service charges and rent reduction for defects in the regulated sectors; the subdistrict court (kantonrechter) decides everything else, including termination, eviction and nuisance. You may appear before both without a lawyer.

Under Article 7:262 BW a Rent Tribunal decision binds both parties unless one of them asks the subdistrict court to decide the point within eight weeks after the decision was sent. The Rent Tribunal charges a fee for a procedure; the subdistrict court charges a court fee.

What if the landlord keeps your deposit?

Under Article 7:261b BW the deposit may not exceed twice the basic monthly rent, and the landlord must return it within 14 days after the tenancy ends. If the landlord sets off repair costs or unpaid rent, the deadline is 30 days and the landlord must give a full written specification of the costs.

Normal wear and tear is not damage the tenant has to pay for. If the landlord does not pay, send a formal written demand (ingebrekestelling) setting a deadline of, for example, 14 days. If that fails, claim the deposit at the subdistrict court; a claim of this size does not require a lawyer.

ចុះ​ថ្លៃ​សេវា​វិញ?

Service charges (servicekosten) are costs for extra services and supplies, such as cleaning shared areas or stairwell lighting. The landlord may only charge the actual costs, or a reasonable amount, and must give the tenant an annual itemised statement under Article 7:259 BW.

As a tenant you can ask for the underlying invoices. If you cannot agree on the annual statement, you can submit the dispute to the Rent Tribunal.

What if the landlord neglects maintenance?

Under Article 7:206 BW the landlord must repair defects at the tenant’s request, unless that is impossible or unreasonably expensive; minor repairs are the tenant’s responsibility. A defect is a condition that prevents the tenant from using the home as he or she was entitled to expect, such as a leaking roof or broken heating.

Do not simply stop paying the rent: that can itself be a breach and lead to a termination claim. Report the defect in writing with a reasonable deadline. If the landlord does not act, you can ask for a temporary rent reduction, through the Rent Tribunal in the regulated sectors or through the subdistrict court, which can also order the repairs. See also our article on the កាតព្វកិច្ចរបស់ម្ចាស់ផ្ទះ.

Can the landlord end the tenancy?

Only on a statutory ground and, if the tenant does not agree, only through the court. A letter, e-mail or text telling you to leave has no legal effect on its own.

The grounds in Article 7:274 BW include: the tenant has not behaved as a good tenant; the landlord urgently needs the home for own use (dringend eigen gebruik) and the tenant can obtain other suitable housing; and the tenant refuses a reasonable offer for a new tenancy. For serious breaches, such as substantial rent arrears or serious nuisance, the landlord can also ask the court to dissolve the tenancy. Eviction is only possible on the basis of a court judgment; read more about the ដំណើរការបណ្តេញចេញតាមផ្លូវច្បាប់សម្រាប់អចលនទ្រព្យជួល.

ក្នុងនាមជាអ្នកជួលផ្ទះ តើអ្នកគួរពិនិត្យមើលអ្វីខ្លះ?

Most tenant claims are lost through missed deadlines or missing evidence.

• Was your tenancy started less than six months ago? Then you can still have the initial rent assessed (Article 7:249 BW).
• Is the deposit higher than twice the basic monthly rent?
• Have you reported defects in writing, with photos and a deadline?
• Have you received an itemised annual service charge statement?
• Has a notice to leave been given on one of the grounds of Article 7:274 BW? Do not move out before a court has ruled.

ក្នុងនាមជាម្ចាស់ផ្ទះ តើគួរពិនិត្យមើលអ្វីខ្លះ?

Landlords face fixed rules on rent, deposits and termination, and a clause that departs from them to the tenant’s disadvantage is void.

• Does the agreed rent stay within the maximum under the points system?
• Does the deposit exceed twice the basic monthly rent, and can you return it within 14 or 30 days?
• Is a fixed-term contract allowed for this tenant, or is it a tenancy for an indefinite period?
• Do you send an itemised service charge statement every year?
• If you want to end the tenancy: which ground of Article 7:274 BW applies, and can you prove it?

តើយើងអាចធ្វើអ្វីបានសម្រាប់អ្នកជាមួយនឹងច្បាប់ជួល?

របស់​យើង មេធាវីជួល in Eindhoven និង Amsterdam advise tenants and landlords, in English and Dutch.

• We review your tenancy agreement and explain each clause before you sign.
• We check the rent against the points system and file the request with the Rent Tribunal.
• We draft the formal demand for the deposit or for repairs.
• We assess a notice to leave and prepare your defence at the subdistrict court.
• For landlords: we prepare the termination notice and the court proceedings.

សេចក្តីសង្ខេប

• A landlord can only end a residential tenancy on a ground in Article 7:274 BW and, if the tenant objects, only through the court.
• Since 1 July 2024 residential tenancies are in principle for an indefinite period, and maximum rents also apply to the mid-market rental sector.
• The initial rent can be assessed by the Rent Tribunal within six months of the start of the tenancy (Article 7:249 BW).
• The deposit is at most twice the basic monthly rent and must be returned within 14 days, or 30 days if costs are set off (Article 7:261b BW).

សំណួរ​ដែលគេ​ច្រើន​សួរ