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FAQ

Huurteam Goirle

Yes, our service is free for all residents in Goirle who rent a home, both in private rental and in social rental. But a procedure with the Rent Tribunal is not free. This costs €25 per procedure. Huurteam Goirle advances this and then charges you for it.

This depends on your question. We will contact you as soon as possible to process your question.

Requests for advice and contract checks are handled quickly, within 48 hours. If you choose to start a procedure with the Rent Tribunal, we are dependent on their processing time. This can be between six months and a year, depending on the procedure.In the meantime, we will keep you informed of possible progress.

In principle, the Goirle Huurteam is there to advise and support tenants. However, landlords can also ask questions if they have difficulty interpreting the changing laws and regulations, as long as this does not cause a conflict of interest.

Huurteam Goirle advises and supports procedures and questions regarding rental prices, service costs, maintenance defects, etc. We do not provide assistance in finding a new place to live.

If you rent a home from a housing association, we always ask you to first submit your complaint via the association's complaints procedure. This also applies to complaints about housing allocation via WoninginZicht. If you cannot reach an agreement with the corporation, we will refer you to the Disputes Committee or support you by going to the Rent Tribunel.

Contracts

You sign a contract for a period that includes a notice period. However, you sometimes have the option to terminate your rental contract earlier. That all depends on the type of contract you signed.

  1. Contract for UNDEFINED PERIOD OF TIME: The notice period is a payment term, which is usually one month. So if you cancel in June, your contract will expire on the last day of July.
  2. Contract for UNDEFINED PERIOD OF TIME WITH A MINIMUM DURATION: This type of contracts often has a minimum duration of twelve months. You cannot cancel the contract within these first twelve months. After that, the rules as described above apply for a certain period. If you want to cancel before the minimum term has expired, we advise you to contact the landlord and explain your situation. Perhaps you can come to a compromise.
  3. Contract for DEFINED PERIOD OF TIME: Fixed-term contracts may always be terminated, even if the contract states that this is not the case. As of January 1, 2024, fixed-term contracts are only permitted for certain target groups, including students.
  4. SHORT STAY contracts: These contracts do not fall under rental law, but many 'short stay' contracts are used incorrectly, so you may still have a different type of contract. Please contact one of our consultants to inform you about this.

You can cancel your contract by sending a registered letter to the landlord. This is a letter that you post at the post office and for which you pay extra so that the landlord must sign for receipt. This letter must state:

    • Name landlord;

    • Date of sending letter;

    • Subject;

    • Your name;

    • The address where you are currently renting;

    • As of when you want to cancel the rental agreement. Please note the statutory notice period (a payment term).

    • Reclaim your deposit with your bank account number (optional);

    • Your new address (optional).

Send this letter by registered letter, but also by email to be sure. You can find a sample letter in our downloads. If you have any further questions, please let us know! We are happy to take a look with you.

No, this is not allowed. There are specific rules that the landlord must adhere to when terminating a rental. This includes the correct notice period, giving a valid reason, and so on. These can be unpleasant conversations with the landlord, so please contact us to have this conversation for you. We will give you an honest answer as to whether the termination is justified and assist you if this turns out not to be the case.

The landlord can only terminate a rental contract for a limited number of reasons. This is determined by law. These reasons are:

  • The tenant is not behaving as a good tenant, for example if there is a large rent arrears or if there is serious nuisance.
  • At the end of a temporary contract where it is stipulated that you must leave the home after the end of the contract.
    • PLEASE NOTE: even if your contract states that it is temporary, it does not mean that this is the case. A rental contract must meet several requirements to serve as a temporary rental agreement. Be sure to let us check this if you have any doubts!
  • Due to urgent personal use. This can mean two things:
    • Urgent personal use because the landlord wants to occupy the property himself. This is only allowed after the landlord has been the owner for three years.
    • If the landlord wants to demolish or renovate the house. There are also strict rules about this, so please contact us if this occurs.
  • If the owner of the living space goes bankrupt, but there is still a mortgage on the property. This is not possible if you were already renting before the owner bought the home.
    • Ordinary sale of the home is emphatically not a valid reason to terminate the lease. Then you simply get a new landlord.

Very rare reasons:

  • If you, as a tenant, refuse to sign an offer for a reasonable new lease.
  • If the landlord wants to implement a zoning plan.
  • With landlady rooms, the landlord (the landlady) may terminate the rental without giving any reason during the first 9 months.
  • If the rental agreement states that the landlord is going to 'trial live' with a partner and the relationship ends within 9 months.

The Netherlands does not have a ban on pets. You may agree on this in the rental agreement. That is therefore binding. If you do decide to purchase a pet, the landlord may have something to say about it. However, it is difficult to draw consequences from this, given that as a tenant you are also entitled to residential enjoyment. As long as your pet does not cause any nuisance or damage to other tenants, your right to residential enjoyment continues to apply.

Our advice is to discuss your wish for a pet with the landlord. Please also request written permission for the pet.

Subletting

When it comes to subletting, there is a difference between subletting non-self-contained living spaces and independent homes.

Non-self-contained homes: Are you renting a room from a main tenant who is not there for a while? Or are you renting a room in a home from the main tenant? Then you are a subtenant of non-self-contained accommodation. This is not allowed without the landlord's permission. Sometimes there is a ban on subletting in the rental contract of the main tenant.

Does the rental contract between the main tenant and the landlord end? Then you do not have the right to take over the rental contract. You must leave the house if:

  • The main tenant terminates the rental contract with the landlord;
  • The main tenant dies;
  • The judge terminates the rental contract between the main tenant and the landlord.

Independent homes: Are you renting a living space with your own house number, kitchen, bathroom and toilet? Then you are a subtenant of an independent living space. The landlord's permission is also required for this. If the main tenant (original tenant) terminates the lease or dies, you automatically become the new main tenant. You don't have to leave the house.

When subletting independent and non-self-contained homes, it is important to check the following points before subletting:

  • Does the main tenant have permission from the landlord/owner to sublet the living space? Request proof of this!
  • Can you reach the main tenant in case of problems? Do you have contact details?
  • To whom do you pay the rent, advance service costs, municipal taxes (to the landlord or to the main tenant)? Make agreements about this and put them on paper.
  • How long will the main tenant be gone? What happens if it comes back sooner or later? Also put this on paper.

In the Netherlands you can sublet your home if you have permission to do so from the landlord/owner of the living space. You can find this in your rental agreement. If the rental agreement states that this is not allowed, then it is really not allowed. Then ask your landlord whether an exception can be made. Have this put in writing for your own protection. If there is nothing in your rental agreement about subletting, you can also check with your landlord.

If you sublet against the landlord's wishes (or against the clause in your lease), this is a reason to terminate the lease.

  • As a main tenant (tenant who sublets to a new tenant) you are in principle the landlord for the new occupant of your living space. You must therefore adhere to the regulations for landlords, such as a correct rental price, division between basic rent and the advance payment of the service costs, settlement of the service costs at the end of the year, passing on repair requests to your landlord, and so on. If you do not do this, you are liable as the main tenant for any discounts or fines;
  • Make agreements about municipal taxes. Because you are no longer a user, the new tenant must pay these costs, but these costs will (possibly) be received in your name (by post). Make agreements about this and put them on paper;
  • Are you going away for longer than eight months? Then you are obliged to deregister with the Municipality. When you return you must register again. If you are away for less than eight months, you can remain registered. Please note: mail will then arrive at the subtenant!
  • Notify your home contents insurance that you are subletting! You often leave things behind when subletting. It's important to let your insurance company know that someone else may be using your property. In the event of damage, it is necessary that the home contents insurance knows this in advance. Also discuss what the subtenant must do in the event of damage, such as how quickly he must notify you.

Rental price

In the Netherlands, the maximum rental price of a room, studio or apartment is regulated by a points count (sometimes also called a rental price check). A home receives points for components such as surface area, certain facilities, communal areas, and so on. All these points together determine the maximum basic rental price. That is the maximum amount that a landlord can ask for your accommodation.

If you would also like to know whether your rental price is correct, please contact one of our consultants.

Although an all-in rental price is legally permitted, this does not provide insight into your basic rental price, nor into your advance service costs. As a result, you do not know what you are paying for, how much you should get back from your advance service costs, how much your basic rent can be increased annually, etc.

The Rent Tribunal is strict about this. Through an All-in rental price split procedure, the Rental Committee will split this into: 55% basic rent, 25% service costs and 20% automatic reduction. This means that you will in any case pay 20% less after your split. In addition, we can immediately check via a rental price whether the new basic rental price (55% of the old All-in price) is not too high. This can all be done in one procedure, so it is definitely worth it!

A landlord may increase the basic rent by a certain percentage once a year, usually on July 1. This percentage is determined nationally and no deviations from it may be made. Unfortunately, landlords do not always adhere to this, so it is a good idea to have this checked. What is also not allowed: fixed rent increases in the contract, increases in all-in prices, increases if the basic rent is already too high, etc.

In the Netherlands there is a difference between the free/liberalized sector and the social sector. The 'liberalization limit' distinguishes between the two. In 2024, the liberalization limit will be 878.66 euros. If your rent is higher than this amount, you rent a liberalized contract. This means that the landlord can charge any rent he wishes. If your rent is lower than the liberalization limit, the landlord must adhere to the rules that apply to the social sector, such as the points system and the determined annual rent increase.

Please note: even a liberalized contract (free sector) can be examined by the Rent Tribunal in the first six months after signing. If the Rent Tribunal judges that the rent should actually be below the liberalization limit, the rent will be reduced and the landlord will remain bound by the rules for the social sector. So if in doubt, always have your contract and rental price checked!

No, not all homes are eligible for a reduction through the Rent Tribunal. Homes above the liberalization limit (the limit between social rental homes and private rental homes) cannot be lowered. However, it happens that an independent home actually belongs in the social sector after a point count (rent check) has been done. This can be done within the first six months after signing your rental contract.

Example: Charlie lives in a small apartment and pays 1050 euros basic rent. After a rental price check, it appears that the house should actually only have been 590 euros. Charlie has lived here for five months. Even though the house is rented out in the private sector, the Rental Tribunel can still reduce the basic rent price.

After the Affordable Rent Act comes into effect, the liberalization limit will be adjusted and more tenants will be eligible for support from the Rent Tribunal.

Service costs

YES: Common service charges are gas, water, electricity, internet, cleaning costs, caretaker costs, window cleaning, etc. In addition, the tenant is responsible for minor daily repairs. This includes interior painting, securing loose parts that are not worn, washing accessible windows or replacing the rubber rings on a dripping tap.

NO: Not everything that the landlord pays for the property may be passed on to the tenant. For instance Major maintenance, such as mechanical installations, costs of the caretaker insofar as they are important to the landlord, municipal taxes, etc. and so on. If you are not sure whether everything charged is actually allowed, let us check your contract or service charge statement for you free of charge. In any case, costs may only be charged if they have also been agreed in your rental agreement.

Yes, service costs must always be settled. This is stated in the law. It happens that landlords put this differently in a rental contract, but this is incorrect. There are no 'fixed' service charge amounts.

Have you not received a statement, does the landlord say that this is not necessary or is the statement incorrect? Each calendar year the Rent Tribunal can check whether the monthly advances you paid were reasonable. They ask the landlord to hand over all invoices that he says he has paid in order to arrive at a fair settlement. If the landlord does not do this, the Rental Committee will determine, via standard amounts, how much you should have paid. Standard amounts are always favorable for the tenant.

We can help you present your case to the Rent Tribunal.

The landlord may only expand or reduce the service package if you agree. Consider placing furniture if you have agreed to this. The landlord may then write this off. However, the landlord is not allowed to replace all the furniture on its own and then charge you for it by increasing the service costs without your permission.

Does the landlord want to change a service that can only be provided to multiple tenants at the same time? Then 70 percent of the tenants must agree. Those who vote against must therefore pay for this service. This could be the case if some of the tenants want cleaning help and some do not.

This depends on the annual service charge statement provided by the landlord. If the landlord does not provide a settlement, the advance service costs may not be increased. If the landlord does provide insight into the actual costs incurred and this shows that the advance payment you have paid is too little, the landlord may increase this amount.

However, you may object to this if you believe that the settlement is incorrect. Huurteam Goirle can support you with an objection. Please contact us in time, because if you pay the increase, you have agreed to it.

Maintenance issues

A difference is made between minor, daily maintenance and major maintenance.

Minor, daily maintenance: This is maintenance that a tenant must solve themselves, such as oiling hinges, unclogging the sink and repairing minor defects such as painting spots on the wall or replacing lamps in your own living space.

Major maintenance: This is maintenance that the landlord must solve, such as floor and/or wall damage due to water leaks, broken windows and frames, exterior painting work, etc. The landlord may not charge you for this either.

For a complete list of recoveries, see also the website Of the Dutch government.

If you experience a defect, report this to your landlord as soon as possible. This must assess this and repair it if it requires major maintenance. You can report a defect by telephone, but it is also important that you do this in writing so that you have proof of the report.

If the landlord does not repair the defect (in a timely manner), you can submit a procedure for rent reduction to the Rent Tribunal. This means you pay less rent for the period that the defect has not been resolved. This serves as a 'motivation' to put the landlord to work. There are all kinds of rules attached to this procedure regarding how you should report defects. The Huurteam can support you with this, so don't wait too long.

This is a difficult question. Some defects are in any case for the tenant to replace, such as minor maintenance. The landlord is responsible for major maintenance. If he does not do this, you can give him notice of default and resolve the matter yourself. You can consider deducting the costs from the basic rent. However, this entails many risks. What if something goes wrong? What if you don't repair it properly or have it repaired? Who is responsible then?

If you are affected by this, please contact us. We are happy to think along.

A renovation of the home can have consequences for your rental contract, rent and service costs. Renovation is one of the reasons for terminating a rental agreement, but there are guidelines that a landlord must adhere to. The landlord must be able to demonstrate that the renovation is necessary (for example, if the foundation is very poor), submit a renovation plan and offer you a moving expense allowance.

Sometimes, however, the adjustment is not a renovation, but a sustainability or home improvement. Then as a tenant you often do not have to leave the house.If it concerns a complex, the landlord must demonstrate that 70% of the residents want to move and agree with the plans, or else the landlord must ask the court for permission for the renovation. If the landlord only wants to renovate and increase the rent, that is no reason to cancel!

Recovery must be thorough. If you can demonstrate that the repairs were carried out improperly or poorly, you can still apply for a rent reduction through the Rent Tribunal. Consider re-whitewashing a moldy wall without addressing the cause of the moisture problem.

Deposit and other costs

In new contracts as of July 1, 2023, the deposit may be a maximum of twice the basic rent. If your deposit is higher, you can report it to the Good Landlordship Act.

Older contracts have a maximum deposit of three times the basic rent.

There are legal deadlines within which a landlord must return the deposit after the end of the rental contract, namely 14 days (or 30 days if there is damage). Are you unsure whether your landlord will refund your deposit or is it best to wait a long time? Please contact the Huurteam. We can write a letter to the landlord requesting that the deposit be refunded. If difficulties arise, we are already involved and can provide you with further support.

The landlord must plan an inspection in advance to indicate how your home should be delivered and which defects still need to be repaired. After the rental agreement has been terminated and you have delivered your accommodation, the landlord must refund the deposit. If there are still defects, the landlord may deduct this from the deposit.However, conflicts sometimes arise here because landlords do not act correctly or come up with new facts.

The landlord must adhere to these rules:

  • An initial inspection before you move into the home or on the first day of moving into the living space. You should be present and receive confirmation of this inspection afterwards;
  • An interim inspection when you indicate that you are going to leave the home. The landlord will provide you with proof of what you still need to repair before you leave the home;
  • A final inspection in which the landlord points out what may have not been repaired and for which he will withhold the deposit. You will also receive proof of this.

The landlord has 14 days to notify you of any damage. This could be damage to the home, but also overdue payment. If the landlord does not pay back the deposit (in full) and you do not agree with this, the Huurteam will help you take the right steps.

It happens that tenants offset their last month's rent, outstanding service costs, etc. against the deposit. Legally, this is not allowed, but there are landlords who do agree to this, especially after a final inspection that shows that the property is completely in order.

Mediation costs are costs that an intermediary charges to rent out a living space to the landlord. A landlord and/or intermediary may not pass this on to the tenant. However, this is often done. Mediation costs are often described differently, such as administration, advice, commission, broker or rental costs. In this case too, these are simply mediation costs and the ban therefore applies.

You can reclaim mediation costs up to five years after paying them. See also our downloads for a sample letter to reclaim these costs. If you need a lawyer for this, Huurteam can put you in touch with our network.

Mediation costs are permitted if there is NO mediator between you and the landlord.

Unproper behavior

No, the landlord must respect the tenant's privacy. If they want to come by – for maintenance or inspection – they must let you know in advance and ask permission. This applies to both your private living space and the communal areas.

If the landlord continues to enter the home unannounced, you can report it to the police for trespassing.Since July 1, 2023, it has also been possible to report to the Municipality of Goirle in the context of the Good Landlordship Act.

In cases of intimidation, threats, violence, trespassing or acute danger, it is important to report it to the police!

You can also report this to the Municipality of Goirle under the Good Landlordship Act. Please note that the Municipality cannot take immediate action, but must investigate a report. The Huurteam can assist in drawing up such a report.

Report this immediately to the police in Goirle. They may be able to support you through a declaration. Always ask for a referral to victim support.

Afterwards, there is very little that can be done about fraud. Tell your story on social media to warn other home seekers. We would also like to share tips with you to avoid future scams:

  1. Always ask to view the property. Are you not in the Netherlands? Ask someone you know to do the viewing for you.
  2. Do not view a home alone. Make sure someone accompanies you or at least knows where you are going and at what time.
  3. Do not transfer money to an account of the landlord who claims to be abroad and will therefore send the keys at a later time. Be extra careful if a landlord wants you to transfer money to a non-Dutch bank account.
  4. Does the house and/or the landlord really exist? You can check this by looking up the address on Google Maps or by requesting proof from it Land registry. Are you having trouble with this? Ask the Goirle Huurteam to help you. Land Registry
  5. If you want to rent a room through subletting, make sure that the current tenant has permission from the landlord. Request confirmation of this or the rental contract from the original tenant in which this is stated.
  6. Found a new place to live, request a concept rental agreement. Please read this agreement carefully to ensure you understand the implications stated. Be alert for spelling mistakes, this could be a sign of a scam.Huurteam Goirle can look with you for signs of scams.
  7. Signed your new lease? Ask for a receipt of the deposit and security deposit. Take photos of the entire home as you received it and make sure that the date and time are visible on the photo.

Examples of housing discrimination are:

    1. exclude nationalities and a certain gender in an advertisement

    1. are not allowed to view a home because of origin, religion or sexual orientation

    1. discriminatory comments from your landlord

Discrimination in the rental market is not permitted. Although combating discrimination in the housing market is not our primary task because the focus of the Goirle Huurteam is on disputes about housing that fall under private law, such as service costs, defects, rent and contracts, we do advise. Always complain about discrimination to the anti-discrimination facility Radar.

In principle, Huurteam Goirle only supports the disproportionate power relationship between tenant and landlord. However, sometimes things can also go wrong with your housemates or neighbors. If the people you are experiencing nuisance from have the same landlord, you can inform the landlord about this. If this happens more often, or there is serious nuisance, your landlord has the obligation to warn the housemates. If this does not lead to a solution, the landlord can terminate the rent of the other tenant. This has happened very rarely, as the other tenant also has rights.

Another option is to contact ContourdeTwern, the Goirlese neighborhood mediation. They specialize in supporting disputes between neighbors.

Other question?

Is your question not included?

Please contact one of our consultants.

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