Should I pay the rental increase?
Dutch rental law
Should I pay the rental increase?
There is a change you will receive a letter from the landlord to increase your rental price in April. Is there anything you can do against it? Do you always have to pay the increase? If you read this blog carefully, you find the answers to all your questions about the rental increase and what you should do to prevent a rent increase from happening.
Raising your rent is not possible
In principle, a landlord can not increase the rent. This is only allowed if your rent is at or below the legally permitted maximum. If your rental price is already higher than legally permitted, the rent cannot become even higher. Find out your maximum allowable rental price through scheduling your free online rental check.
The government has determined that your rent can only be increased once per twelve months by a fixed percentage. For July 2020, the basic percentage for tenants of rooms is 4,1%. The maximum percentage for tenants of apartments (these are accommodations that have a private toilet and a private kitchen) is 5,1% or 6,1% depending on your income in the year 2018. If your gross income was over € 43.574,- the applicable percentage is 6,1%. In all other cases it’s 5,1%
Object against the proposal
You can lodge an objection to a rent increase proposal if:
- the proposal does not meet the legal requirements;
The proposal must be sent to you at least two months in advance;
b. The proposal must mention your old basic rent and the new basic rent;
c. The increase percentage must also be stated and the amount of the increase;
d. Finally, the proposal must state how you can object.
- your rental price then exceeds the legal maximum;
- a temporary lease reduction has been issued or a procedure has been initiated in connection with maintenance defects.
How do I object to a proposal to increase the rent?
Object against a rent increase with this form. Do not forget to make a copy for your own administration. After you have sent the form to the landlord, the rent increase will not take place. If the landlord wishes to increase your rent despite your objection, he must ask the Rental Committee if the rent increase proposal is reasonable. Only if the Rental Committee has made a verdict and decided that the increase is reasonable, you have to pay the rent increase. As long as there is no verdict stating you should, your rent did not increase.
I received a reminder / debt collection letter from my landlord. What should I do?
If you have objected to the increase proposal, you can ignore the letter. In that case, the landlord must ask the Rental Committee to assess the proposed rent increase. Only if the Rental Committee has ruled that the increased rent is reasonable, the increase will be implemented.
If you have not objected and have not paid the rent increase, the following applies:
If the proposal has been sent to you by registered mail, then you, as a tenant, must ask the Rental Committee to review the proposal. Only after the Rental Committee has ruled that the proposal sent to you by your landlord is reasonable, you have to pay the increase (with retroactive effect).
If the proposal was not sent to you by registered mail, nor is the letter to remind you about the increase, you can ignore the reminder / debt collection letter. If the landlord does send you a registered reminder letter within three months after the start date of the proposed increase, then you as tenant must ask the Rental Committee to review the proposal. Only after the Rental Committee has ruled that the proposal sent to you by your landlord is reasonable, you have to pay the increase (with retroactive effect).
Did you receive a proposal to increase your rent? Feel free to contact Frently. We will help you to object against the rent increase, free of charge.