What makes a rental contract fair for you as a tenant?

Signing a lease is a big moment. In today's housing market, you may be glad you've found a home for a long time, but that doesn't mean you have to settle for unreasonable terms. A fair contract not only protects the owner of the home, but above all offers you, as a tenant, the certainty that you can live undisturbed without sudden financial or legal surprises.

In the Netherlands, the legislation around renting is quite strong, which means that many things have already been arranged for you. However, some landlords try to include clauses that are actually unacceptable. By knowing what makes a contract 'fair', you can immediately recognize whether you are dealing with a reliable landlord or whether you still need to negotiate sharply.

The balance between duties and rights

You can recognize a fair contract by its balance. It must be clear what is expected of you, but also what the landlord must do to keep the home in good condition.

Transparency about costs

One of the most important features of a fair contract is the breakdown of costs. The basic rental price must be clearly separated from the service costs. A landlord who lumps everything together (a so-called “all-in price”) makes it difficult for you to check whether you're paying a fair price for things like gas, water and internet. A fair contract states exactly what advance you pay and you get an overview of the actual costs each year.

Maintenance distribution by law

It is quite normal that you are responsible for minor repairs, such as replacing a light or tightening a loose latch. However, a fair contract does not say that you pay for major maintenance. Repairs to the boiler, roof or exterior of the building are always the responsibility of the landlord. Does your contract state that all repairs are at your expense? Then that's a big red flag.

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Reasonable terms and cancellation options

Flexibility is essential for many tenants. A contract that holds you unreasonably long or gives the landlord too much power to evict you is not in balance.

• Notice period: For you as a tenant, the legal notice period is usually one month. A contract that states that you have three months' notice while the landlord only has to use one month is not fair and often not even legally sustainable.
• Minimum rental period: It is common for a landlord to ask you to stay at least twelve months to prevent vacancy. This is reasonable, provided that it subsequently turns into an indefinite contract with the standard notice period.
• The Diplomatic Clause: If you have a fixed-term contract, it is fair if it contains a clause that explains what happens if the landlord needs the home again himself, or if you have to leave earlier due to work.

Privacy and access to the home

Your living pleasure comes first. A fair contract respects your privacy from day one.

Some hosts would like to keep an eye on things and include clauses that say they can enter the home for inspection “at any time”. This is not only unreasonable, but it also violates your right to privacy. A good contract states that the landlord can only enter after consultation and for a valid reason (such as a necessary repair or a viewing at the end of the rental period). You have the right to deny access to the host if no appointment has been made.

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The fine print: Fines and extra costs

Pay close attention to clauses that relate to fines. Although a landlord may protect himself against default, the amounts must remain reasonable.

• Administration costs: For a number of years, it has been prohibited for landlords or intermediaries to charge high mediation costs (often one month's rent) from the tenant if they work on behalf of the landlord. A small fee for the name plate is fine, but hundreds of euros in “contract costs” are often unjustified.
• Penalty clauses: A fine of fifty euros a day for taking out your garbage bin too late or storing a bike in the hallway is often unreasonable. A fair contract focuses on constructive solutions instead of collecting fines for minor violations.

The importance of the deposit clause

A fair contract specifies exactly when and how you will get the deposit back. The standard is now that the deposit must be returned within fourteen days of the end of the rent, provided that the home has been properly completed. Does your contract state that the landlord can hold the deposit for three months without giving a reason? Then ask to adapt this to the legal standards.

In summary: What do you pay attention to?

In short, you can recognize a fair contract by its clarity. There are no vague terms, the costs are specified and your privacy is guaranteed. Trust your gut: if a clause feels like a penalty for simply occupying the home, chances are it isn't fair.