CORONA Emergency Act “Tijdelijke wet verlenging tijdelijke huurovereenkomsten”
Due to the Corona situation the Dutch Government has decided that it is not fair to expect from tenant that they can find new living space after the temporary rental contract will end. So, the Emergency Act ‘temporary act prolongation temporary rental agreements’ was born.
This Act offers the possibility to prolong the temporary rental contract with max 3 months up until 1 September 2020. This Act is applicable if your contract ends in April, May or June 2020 and your landlord has informed you after March 11 th 2020 that your temporary contract will end. If you have received this notification after March 11 th you can ask your landlord for a prolongation of the contract with 1, 2 or 3 months but no longer than September 1rst 2020. The landlord needs to react within one week after receiving the request. If he does not react in time, the contract will be prolonged with the requested period of max 3 months. The landlord can reject the request within one week after receiving the prolongation request when he has a legitimate reason. Legitimate reasons are:
1. The property has been sold or rented out to a third party;
2. The landlord wants to move in to the property himself and does not have any other living space;
3. The landlord wants to renovate or tear down the property;
4. The tenant is not behaving himself as a good tenant.
As a tenant you can ask the judge for a prolongation if the landlord does not agree.
If the landlord has given notice of the end of the rental agreement before March 12 th 2020, then the contract can be prolonged only if both parties agree. If the landlord gives notice of the end of the contract after March 11 2020 due to which the contract will end after March 31 rst end before July 1 rst 2020 then he is obliged to inform the tenant of the possibility to ask him for a prolongation.
Normally a temporary contract turns in to a contract of indefinite time with rental protection for the tenant when the contract is being prolonged, even if the prolongation is for a definite period. A prolongation based upon this emergency act does not make the contract indefinite and the tenant will not have rental protection.
Viewing of the property in Corona time
Once it is clear the contract will end, the landlord will want to rent or sell the property when the tenant has left. To do so it is mandatory to have viewings of the property so that potential tenants/ buyers can see it. It is still allowed to have viewings in the property. The tenant can not refuse to cooperate. Of course the Corona measures need to be respected and together tenant and landlord/ realtor can make arrangements concerning the quantity and the duration of the viewing, and how many people per viewing will have access to the property. It is – in times like this – important that parties try to work together and help each other. If the tenant refuses to cooperate he does not behave himself as a good tenant, and he will be in default, which could lead to liability for damages the landlord suffers due to his refusal.
Contact Brugrecht Lawyers, experts in real estate law, for your rights and obligations as a tenant under Dutch law and for drawing up or reviewing a rental agreement for your stay in the Netherlands; www.brugrecht.nl.