Formal Requirements and Signing of Rental Agreements

A rental agreement must comply with the formal requirements set out in Article 7:201 of the Dutch Civil Code (BW) to be valid. For residential properties, written form is mandatory, including signatures from both parties. If this requirement is not met, the agreement is null and void or only provable orally, which can lead to disputes. Mandatory details to be included are: names, address, rent amount, duration, service charges, and notice period. For fixed-term agreements (maximum 2 years, Article 7:271(1) BW), it must explicitly state that the agreement will not be extended. Digital signatures via eHerkenning or iDIN are valid under the Digital Government Act. In the absence of proper form, a court may still recognize the agreement if both parties have factually complied with it (good faith, Article 6:248(2) BW). Landlords: use model agreements from the Real Estate Council (ROZ) or the Rent Tribunal to mitigate risks. Tenants: check for hidden costs such as a 'deposit' exceeding two months' rent. If one party fails to sign, the tenant remains protected against eviction without due process. Sanction: invalid clauses are void. For international tenants, EU regulations apply for cross-border recognition. Ensure duplicates are made and register with the Tax and Customs Administration for tax deductions. This establishes a solid foundation for your rental relationship.