Tenancy law

Our tenancy law specialists offer you clarity about entering into agreements. Also we successfully solve rent disputes for you.

1. Tenancy law

Tenancy law is both a complex field of law and constantly subject to changing legislation and regulations. This is caused by the fact that tenancy law consists of a variety of legal rules and in most cases filling in a standard rental agreement does not suffice.

SMART Attorneys is more than willing to advise you on the content of a rental agreement and can either draft or adjust an agreement in a clear way. This prevents unclear situations and contributes to making a possible dispute as minimal as possible. Being tenancy law specialists, we know the risks and pitfalls, but we can also identify the possibilities.

2. The rental agreement

The rental agreement plays a prominent role in tenancy law and is relevant for both private persons and entrepeneurs. In a rental agreement two parties commit themselves to each other. E.g. a lessor provides a tenant with a residential accommodation or a business premises for use, for which the tenant commits himself to the payment of rent. This creates a long-term relation between parties. To prevent problems every rental agreement should be tailor-made. Both parties profit from expert legal advice.

3. A rental dispute

Both lessor and tenant have rights and duties relating to the rental agreement. Despite this it often occurs that a dispute rises between the lessor and tenant. The most occurring cases are the adjustment of the rental price, the denouncement and termination of the rental agreement, nuisance, disputes about maintenance and the reparation of defects. In such cases SMART Attorneys is more than willing to assist you as legal tenancy law specialists as well. In some cases the initiation of a procedure will be necessary. In that case, we will clearly inform you on your legal position and the expected costs in advance.

4. Tenant protection and eviction

What is tenant protection? Tenant protection means that the tenant has the security that the lessor cannot just give notice of termination of tenancy. Even if it concerns a fixed-term rental agreement, the lessor will still have to give a legally allowed reason to the tenant before the tenancy can be terminated. If a tenant does not accept the termination of the tenancy, the lessor will eventually have to turn to a judge to have the tenancy terminated.

A lessor may also not just take measures to evict a residential accommodation or business premise. The law knows two types of business premises, the retail property in article 7:290BW (Dutch Civil Code) and the office accommodation in article 7:230a BW. This distinction is important, given the fact that a tenant has more protection when it comes to a rental agreement for retail property than for office accommodation.

For eviction the lessor will have to have a verdict of the subdistrict court, in which this court gives explicit permission to evict. In all such cases SMART Attorneys would like to assist you. We would also like to assist you when you have received a writ of summons as a tenant to appear before court for the termination of a rental agreement or the eviction of a property.

You can turn to us for:

• The assessment, adjustment and compilation of the rental agreement
• The termination of the rental agreement and the notification of the termination
• The adjustment of the rental price
• Nuisance and defects
• Deliverance, damage and liability
• Compensation
• Tenant protection
• Eviction
• Temporary rent and subtenancy
• Tenancy and bankruptcy
• Rent assessment committee
• General terms
• Rent arrears and collection
• Sending a writ of summons and litigation

Do you want to know what we can do for you and your tenancy law case? Contact us. We are more than willing to assist you.