The Council for Immovable Property (ROZ) has adopted a new model for the lease of residential accommodation. This new ROZ model is now available on the ROZ website (www.roz.nl).
Download Model rental agreement housing
Download General Terms and Conditions
The ROZ’s Legal Committee on Rental Matters drew up this revision, which was necessary in connection with, among other things, the Act on the Flow of the Rental Market 2015. The new ROZ model is tailored to the current market, provides more transparency and gives parties clear options within the model.
The new model offers the possibility to let to a specific target group. Think of students, promovendie or tenants up to a certain age. Diet offers the possibility to keep an apartment intended for persons belonging to the target group mentioned in the rental agreement.
Fixed term contract
The new model also provides for the extended possibility, based on the Wet doorstroming huurmarkt 2015, to enter into lease contracts for a fixed period of up to 2 years (in the case of independent housing) and for a fixed period of up to 5 years (in the case of non-self-contained housing). These leases end if the landlord notifies the tenant of this in writing before the expiry of that period.
In the new model, the lessor and lessee are offered four choices regarding the term for which the lease is entered into. The lease may be entered into for an indefinite period; for an indefinite period with a minimum period of one year; for the said fixed period of a maximum of 2 respectively 5 years, or for the fixed period longer than 2 respectively 5 years.
The possibility of letting for an indefinite period with a minimum period of one year has been maintained in the new model. This minimum period of one year is common practice and is of great importance to landlords in order to counteract a rapidly changing number of tenants. Since the Minister, in his response to Parliamentary questions, clearly indicated that he did not wish to change the existing letting practice, this option has been included as one of the options.
New in the template
A new feature of the model is that the lessor’s approach to nuisance has been given more ‘hands and feet’. For example, the new model explicitly states that AirBnB is not allowed without the prior written permission of the lessor. Of course, hemp cultivation and related activities are now also explicitly prohibited in the model. The lessee must also ensure, among other things, that no nuisance is caused by animals.
The penalty clause has found a place in the lease itself and the wording of the penalty clause has been carefully chosen in order to be in line with European case law.
More information about the new model and the Council for Real Estate can be found on ROZ.nl