Do you have a home with a liberalized rental contract (also called private rental sector)? Then the landlord can increase the rent in two ways. Via an indexation clause in the rental contract or through an offer of a new lease contract.
Rules for rent increase for liberalized rental contracts. In a liberalized contract (private sector), the following rules apply to rent increases:
- The rental price may only be increased once every 12 months. An interim rent increase after improvement of the house is allowed.
- Points system for rental properties and the maximum rental prices do not apply.
- The landlord is not obliged to inform you of the rent increase within a certain period.
- The landlord can cancel the rental contract if you refuse to pay a rent increase. If you do not agree in writing with the cancellation, only the court can terminate the rent.
- Check whether you have a deregulated lease or not.
- Rent increase via an indexation clause in the rental contract
Is there an indexation clause in the lease contract? Then the annual rent increase is already agreed at the beginning of the lease.
The rental contract states the percentage or percentage of inflation that has been selected. Is the indexation clause in your rental contract based on the consumer price index of Statistics Netherlands? Then you can calculate the rent adjustments with the indexation module rental price adjustment.
No rent increase proposal
With an indexation clause, the landlord does not have to propose a rent increase. By signing the rental agreement, the tenant has already agreed to the rent increase at the beginning of the lease. The landlord only needs to know with what amount or percentage the rent increases. There is no time limit within which the landlord must give you this information.
Make an objection against rent increase
A tenant can object orally or in writing to the landlord if it uses a different (higher) percentage than stated in the rental contract. The landlord will then not track the contract.
Rent increase via a new lease contract
Is there no indexation clause in the lease? Then the landlord can only increase the rent by offering you a new lease with (among other things) a higher rent. There is no maximum to the rent increase.
Disagree with new lease
Do you not agree with this offer for a new lease for the same property? Then the landlord can terminate the lease for that reason. If you subsequently do not agree in writing to the termination of the lease, only the court can terminate the rental contract.
The judge will then assess whether the offer for a new lease is reasonable. Does the judge consider it a reasonable offer? Then he will terminate the lease and the tenant must leave the house. Does the judge consider the offer as not reasonable? Then the old lease (ie without the rent increase) will remain and the tenant may continue to live in the house.
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