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1. General
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1.1. These General Lease Provisions form part of the Lease in which they have been declared applicable. If the Lease varies any provision of these General Lease Provisions, the provision of the Lease will apply and the provision that was varied will not apply, insofar as it was deviated from in the Lease.
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1.2. Parties declare they are aware of the existence of and the operation in relation to the review definitions (stipulation) as described in Article 7:249 of the Dutch Civil Code and to stipulated period(s) laid down in said article.
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1.3. Amendments to the Lease and/or these General Lease Provisions can be agreed in writing only.
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1.4. If any provision of the Lease or these General Lease Provisions is void or voidable, the validity of the other provisions remains unaffected. In that case, the provision that is void or has been voided will be replaced by a legally permitted provision that most closely approximates the provision that the parties would have agreed to if they had been aware of the voidness or voidability.
2. Availability and acceptance
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2.1. The Lessor will make the rented property available to the Lessee in a good state of repair and free from defects known to the Lessor on the agreed date.
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2.2. If the Rented Property is not available on the agreed commencement date of the Lease, no rent and additional charges will be payable by the Lessee up to the day on which the rented property is made available. All obligations under this agreement, including the agreed commencement terms and tenancy terms will move to the date on which the rented property is made available to the Lessee. The Lessee will not be entitled to claim dissolution of the Lease or damages, unless the late availability arises from intent, fault or gross negligence of the Lessor.
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2.3. On commencement of the Lease, the Lessor will provide the Lessee with, where applicable:
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a minimum of two sets of keys to the rented property;
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an inventory;
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c. an inspection report with a description of the rented property, including the state of repair of the rented property;
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a list of maintenance technicians or firms for general maintenance of the building;
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house rules and regulations of the association of owner-occupiers.
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2.4. The Lessee and Lessor will inspect the rented property jointly on commencement of the Lease and agree to date and sign the inventory referred to in Article 2.3 and the inspection report with the description of the rented property, including any comments, to express their agreement.
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2.5. The Lessee will inform the Lessor of any damage or defects that went unnoticed at the time of the inspection within three weeks after effectively occupying the rented property. The Lessor undertakes to carry out the repairs needed in that case without delay within a reasonable term.
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2.6. The Lessee declares to accept the rented property in accordance with the inventory referred to in this Article and the inspection report with the description of the rented property, supplemented by the comments, if any, referred to in Article 2.4. The inventory and the inspection report form part of the Lease.
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2.7. The Lessee will be responsible for the rented property as from the commencement date of the Lease, or if, in departure from Article 1.5 of the Lease, the rented property was made available to the Lessee earlier, as from the time that the Lessee received the keys.
3. Designation and use
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3.1. The Lessee will use the Rented Property as a diligent Lessee in accordance with the designated use of residential accommodation and will effectively occupy the rented property or have his principal residence there during the tenancy period. The Lessee will respect any existing real rights to the extent that they are not materially prejudicial to him and will observe any stipulated or yet to be stipulated requirements of government authorities and/or utility companies.
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3.2. The Lessee will ensure that those living nearby will not experience any nuisance or inconvenience that is caused by the Lessee, members of the Lessee's household, pets and/or third parties in the rented property for whom the Lessee is responsible.
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3.3. The Lessee will observe the oral and written requirements and instructions of the Lessor in respect of:
a. the use of the rented property;
b. the use of the appliances and facilities available in the rented property; c. the upkeep of any gardens that belong to the rented property. -
3.4. If the building or the building complex of which the rented property forms part has been
or is being split up into apartments, the Lessee will be obliged to observe the requirements that arise from the deed of division of property, the articles of association and the rules and regulations. If any house rules have been adopted for the rented property, the Lessee will be obliged to use the rented property and the appliances and facilities available in it in accordance with those rules.
3.5. The Lessee is not allowed to install hard flooring in the rented property without written permission from the Lessor. Hard flooring includes wood flooring, parquet flooring, laminate, tiles, flag stones, linoleum, Marmoleum. The Lessor may attach conditions to his permission, for example about the way the noise isolation is applied. If the Lessee breaches this prohibition and if the Lessor receives complaints about noise from surrounding residents the Lessee will forfeit a penalty payable on demand to the Lessor
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of €10,- for each day or part-day the Lessee refuses to permanently replace the hard flooring with soft floorcovering covering up to a maximum of €5.000,- without prejudice to the right of the Lessor to demand compliance with the Lease or dissolution thereof and compensation.
4. Joint and several liability, co-tenancy
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4.1. If more than one individual is contractually bound as Lessee, they shall always be liable jointly and severally to the Lessor and each of them for all of the obligations arising from the Lease Contract. This applies equally to the heirs and other legal successors of the Lessee.
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4.2. Any individual who enters into and has signed the Lease Contract with the Lessor along with one or more others shall not, unless there is a statutory co-tenancy, lose his/her tenancy rights merely by finally leaving the Subjects. Even then he/she shall remain jointly and severally liable for the Lease Contract obligations. A contractual co-Lessee may only terminate the Lease Contract in conjunction with the other Lessee(s).
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4.3. When entering into the contract, the Lessee must inform the Lessor whether he/she is married or has entered into a registered partnership. The Lessee shall provide the personal details of his/her partner to the Lessor. If the Lessee marries or enters into a registered partnership after the Lease Contract has been concluded, he/she shall immediately inform the Lessor of this and provide the partner’s personal information.
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4.4. If the Lessee's right to tenancy is terminated as a result of divorce, legal separation or termination of the registered partnership, the Lessee is obliged to notify the Lessor accordingly in writing. This must be done as soon as the initial court decision establishing the legal status has become final and conclusive. As long as the Lessee has not notified the Lessor he remains liable to the Lessor for complying with all the obligations arising from this Lease. If the joint Lessee continues the Lease as Lessee, the person in question is obliged to notify the Lessor of this fact in writing forthwith.
5. Quinquennial rent review
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5.1. Without prejudice to the stipulations of article 5 of the Lease, both parties are authorised to demand an adjustment of the rent to the market value (rent review). A rent review cannot take place for the first time until 5 years, not being calendar years, after commencement of the Lease and subsequently always after a period of 5 successive years after the most recent rent review.
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5.2. If a party wishes to make use of his authority to review the rent on the basis of the preceding paragraph, he shall make his wish to that known to the other party by registered letter within no more than 3 calendar months prior to the effective date of the reviewed rent.
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5.3. In the case where the parties fail to reach agreement on the new rent 1 month prior to the effective date of the rent to be reviewed as proposed by the concerning party, the rent will be determined by three experts in immovable property valuation by way of a binding advice. The experts will determine the rent on the basis of the market rental value of the rented housing on the effective date of the rent to be reviewed as proposed by the concerning party. The experts will not consider circumstances other than the market rental value of the rented housing in their judgment. Each party designates one of the three experts within 14 days from one party receiving a request thereto from the other party. An expert will notify whether he accepts the instruction within 8 days from the date thereof. Both experts designated in this manner will together designate the third expert. The judgment of the third expert will be decisive in the case where the experts fail to reach agreement on the rent to be determined. If any of the parties fails
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to designate an expert within the aforementioned period of time or if the experts designated by the parties fail to designate the third expert within 14 days from being designated themselves, the third expert will be designated at the request of either party to that end by the sub-district court of the jurisdiction in which the rented housing is situated. The experts will issue their advice in writing within two months from their appointment. The costs of the advice will be borne equally by the parties.
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5.4. If both parties agree that the advice of one expert suffices and they reach agreement on the person of the expert to be appointed, such expert will, in derogation of the stipulations of the preceding paragraph, determine the rent between the parties by way of a binding advice and in all other respects in the same manner as stipulated in the preceding paragraph. The costs of his advice will be borne equally by the parties.
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5.5. On reviewing the rent, the experts shall take everything agreed upon with regard to the rented housing into account, such as for instance the intended use, the position, the size and the layout of the rented housing. Facilities, changes and/or additions effected by the Lessee or at his expense will be disregarded.
6. Prohibitions, Lessor's consents
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6.1. The Lessee will be prohibited, without prior written approval from the Lessor:
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to allow other persons to live in who are not direct family members;
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to use the rental property for anything other than residential purposes;
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to make changes and/or additions to the rented property (including the installation
of disks or antennae for television or radio traffic, respectively);
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(If applicable) to change or replace the carpeting and furniture present in the
rented property or to take them outside the rented property;
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to keep pets in the rented property.
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6.2. Any consent of the Lessor will be given on a case by case basis and will expressly not apply to successive cases. The Lessor may attach conditions to his consent.
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6.3. If the Lessee acts contrary to the stipulations of article 6.1.a, he will be liable to forfeit an immediately payable penalty of €50,- for each calendar day the infringement continues with a maximum of €10.000,- without prejudice to the right of the Lessor to demand compliance with the Lease or dissolution thereof and compensation.
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6.4. If the Lessee acts contrary to the stipulations of article 6.1.b, he will be liable to forfeit an immediately payable penalty of €50,- for each calendar day the infringement continues with a maximum of €10.000,- without prejudice to the right of the Lessor to demand compliance with the Lease or dissolution thereof and compensation.
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6.5. If the Lessee acts contrary to the stipulations of article 6.1.c, he will be liable to forfeit an immediately payable penalty of €40,- for each calendar day the infringement continues with a maximum of €8.000,- without prejudice to the right of the Lessor to demand compliance with the Lease or dissolution thereof and compensation.
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6.6. If the Lessee acts contrary to the stipulations of article 6.1.d, he will be liable to forfeit an immediately payable penalty of €30,- for each calendar day the infringement continues with a maximum of €6.000,- without prejudice to the right of the Lessor to demand compliance with the Lease or dissolution thereof and compensation.
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6.7. If the Lessee acts contrary to the stipulations of article 6.1.e, he will be liable to forfeit an immediately payable penalty of €25,- for each calendar day the infringement continues with a maximum of €5.000,- without prejudice to the right of the Lessor to
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demand compliance with the Lease or dissolution thereof and compensation. All co- Lessees of the relevant communal area shall be jointly and severally liable to pay said penalty.
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6.8. The Lessee will consistently and daily use the rented property with due care and diligence and maintain the rented property as his principal residence. To this effect the Lessee is prohibited, among other things, from polluting the rented property and/or the living environment, from performing criminal acts in or from the rented property that may be detrimental to the rented property and/or the living environment, from behaving with impropriety, both in and outside the rented property and in the office and other spaces belonging to the Lessor and from storing substances and/or items in the rented property that constitute a fire and explosion danger or an environmental hazard, other than for normal household use.
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6.9. Without express written permission from the Lessor the Lessee is not permitted to partially sublet the rented property and/or allow one or more third parties to use part of the property. This prohibition also applies to letting to third parties or allowing them to use the rented housing via internet sites such as Airbnb. If the Lessee breaches this prohibition he will forfeit a penalty to the Lessor in the amount of €1.500,- plus twice the daily rent applicable at that time, with a minimum of €50,- per day, for each day the Lessee breaches this prohibition. This penalty is maximised at €10.000,- If the Lessor grants permission within the meaning of the first sentence of this stipulation the Lessor is entitled to attach conditions to his permission. Permission granted by the Lessor is once-only permission and does not apply to other or subsequent cases.
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6.10. Without express written permission from the Lessor the Lessee is not permitted to fully sublet the rented property and/or allow one or more third parties to use the property and/or allow one or more third parties to take over the tenancy of the property. This prohibition also applies to letting to third parties or allowing them to use the rented housing via internet sites such as Airbnb. If the Lessee breaches this prohibition he will forfeit a penalty to the Lessor in the amount of €2.500,- plus twice the daily rent applicable at that time, with a minimum of €100,- per day, for each day the Lessee breaches this prohibition. This penalty is maximised at €25.000,- If the Lessor grants permission within the meaning of the first sentence of this stipulation the Lessor is entitled to attach conditions to his permission. Permission granted by the Lessor is once- only permission and does not apply to other or subsequent cases.
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6.11. The Lessee is not permitted to grow and/or keep cannabis in the rented property or to engage in other activities that are punishable under the Opium Act, such as preparations relating to having, growing, transporting, trading etc. narcotic drugs within the meaning of this Act. If the Lessee breaches this prohibition he must pay a statutory penalty of €10.000,- without prejudice to the Lessor's right to claim full compensation to the extent that the damages suffered exceed the aforementioned penalty.
7. The Lessee's maintenance obligation. Costs payable by the Lessee
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7.1. The Lessee will be responsible at his expense for minor repairs, including every day and preventive maintenance within the meaning of Article 7:217 of the Dutch Civil Code and the Minor Repairs (Lessee's Liability) Decree.
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7.2. 'Minor repairs' are:
a. repairs that a Lessee needs to make from time to time under normal use of the property and that can and may be performed to the residential property by a Lessee of average skills, without requiring specialist knowledge and at negligible costs to places that are accessible to the Lessee with normal material and tools that are commonly used, also if the need for those repairs is entirely unrelated to the Lessee's actions;
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b. all repairs that are regarded as minor repairs pursuant to a general order in council within the meaning of Article 7:240.
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7.3. The costs of all taxes and levies imposed by government authorities in connection with the use of the rented property will be at the Lessee’s expense, insofar as they can legally be charged on to the Lessee, even if those costs were charged to the Lessor.
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7.4. The costs of gas, electricity or other energy and water will be at the Lessee's expense.
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7.5. The costs of connections and subscriptions to the telephone, the television, the radio and other means of communication will be at the Lessee's expense.
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7.6. The costs of pest control will be at the Lessee's expense.
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7.7. The additional costs for use of the central heating system will be at the Lessee's expense as specified in the statement provided by the association of owners if the rented property is part of a block of flats and the costs of central heating, which are annually adjusted to the average consumption, are included in the total rent.
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7.8. The insurance premiums for all property contributed to the rented property by the Lessee will be at the Lessee's expense.
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7.9. The costs of maintenance of the balcony, the garden, the decorative tiles and sun blinds and of mowing and trimming the beds and shrubs or trees will be at the Lessee's expense.
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7.10. If the Lessee fails to comply with his maintenance and/or repair obligations the Lessor is entitled to do the work in question or have it done at the Lessee's expense. The Lessor is not obliged to do so. If the work that is the Lessee's responsibility is urgent the Lessor is entitled to do the work or have it done at the Lessee's expense immediately.
8. The Lessor's maintenance obligation. Costs payable by the Lessor
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8.1. The Lessor will be obliged to repair any defects within the meaning of in Article 7:204(2) of the Dutch Civil Code, unless it is impossible or the expenditure needed cannot reasonably be required from the Lessor in view of the circumstances.
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8.2. The provisions of paragraph 1 do not apply with respect to:
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minor repairs within the meaning of Articles 7.1 and 7.2 of the General Lease Provisions;
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defects to changes and additions made by the Lessee, either with or without the Lessor's consent;
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defects for the occurrence of which the Lessee is liable to the Lessor.
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8.3. If the Lessee notices any defects and/or a third party alleges to have any right to the rented property, the Lessee must inform the Lessor immediately. If the Lessee fails to inform the Lessor, the Lessee will be obliged to reimburse any damage that may arise as a consequence of his negligence to the Lessor.
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8.4. The costs of normal wear and tear/aging of the rented property and the fixtures provided together with it will be at the Lessor's expense.
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8.5. Annual maintenance of the central heating system and water heater/boiler and the sweeping of the chimney are for account of the Lessor.
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8.6. The service costs and, where applicable, the central heating advance charged by the association of owners are at the expense of the Lessor, without prejudice to the Lessor's right to (partially) charge these costs on to the Lessee as documented in the Lease.
9. Checks, inspections and viewing. Lessee's obligation to tolerate
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9.1. The Lessee will allow the Lessor and any individuals who the Lessor has instructed to perform work and who have identified themselves access to the rented property at his request for a viewing of the rented property in the event of a proposed further tenancy or sale, the performance of inspections (including reading meters, performing repair work, etc). If the Lessee breaches this stipulation he will forfeit a penalty of €20,- payable on demand to the Lessor for each calendar day that the breach continues, with a maximum of €4.000,- without prejudice to the right of the Lessor to claim performance or dissolution of the Lease as well as damages.
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9.2. Barring unforeseen circumstances, those visits or that work, respectively, will take place on business days between 7 a.m. and 6 p.m. and–to the extent reasonably possible–will be announced at least 24 hours in advance.
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9.3. If the Lessor needs to perform urgent work in or to the rented property or in, to or onto an adjacent property or building, the Lessee will allow that to take place and will tolerate any inconvenience.
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9.4. The provisions of Article 9.3 will also apply if the Lessor must allow another party to carry out work on a property or building next to the rented property on the basis of the statutory rights and duties between neighbours.
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9.5. With regard to allowing the checks and inspections and tolerating the work referred to in Articles 9.3 and 9.4, the Lessee cannot claim any damages or any reduction of the rent. If necessary, the Lessee will (temporarily) remove any changes or additions that were made with or without the Lessor's consent.
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10. Damage, liability
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10.1. The Lessee will be liable for damage to the rented property due to any failure that can be attributed to him in performing any obligation under the Lease. All damage will be assumed to have arisen by that cause.
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10.2. The Lessee will also be liable for damage caused by individuals who are inside the rented property with the Lessee's consent.
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10.3. The Lessee will be obliged to adopt the measures necessary to prevent and limit any damage to the rented property, in particular, in the event of fire, storm, excess water, frost, and any similar emergency.
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10.4. The Lessee will be obliged to report any damage, including damage for which he is liable, to the Lessor immediately.
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10.5. The Lessor is not liable for damage caused by defects the occurrence of which cannot be attributed to the Lessor, defects to changes and additions made by the Lessee and for defects of which the Lessor was unaware and did not need to be aware of when entering into the agreement.
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10.6. The Lessor is not liable for any factual disruptions in the rental enjoyment by third parties.
11. Deposit/ bank guarantee
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11.1. The Lessee will pay the Lessor the deposit referred to in Article 1.6, or have a bank guarantee provided to secure all amounts that are payable by the Lessee to the Lessor under this agreement. The Lessor will not pay any interest on the deposit. The bank guarantee must be provided in the format made available by the Lessor. The bank guarantee must always be valid for at least two months after termination of the Lease.
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11.2. The Lessee will not be entitled to set off the deposit against the rent payments or other payment obligations.
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11.3. After termination of the Lease, the Lessor agrees to refund the deposit or return the bank guarantee to the Lessee as soon as possible within two months, if necessary after deducting any outstanding claims of the Lessor against the Lessee.
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12. Payments
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12.1. The Lessee must always pay the rent and the other fees referred to in Article 1.6 of the agreement in advance by automatic payment order not later than the first day of every month to the bank account of the Lessor referred to in Article 1.1 of the Lease. In the case of non-payment the Lessee is in default of his payment obligation from the second day of the month to which the payment applies.
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12.2. The Lessee will not invoke any discount, suspension or set-off in fulfilling his payment obligations, unless a court grants him leave to do so or that right arises from the law.
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12.3. The Lessee is not entitled to extra judicially dissolve the Lease partially and/or temporarily and/or to extra judicially reverse his payment obligation partially and/or temporarily.
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13. Default
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13.1. If a term has been set for performance of any obligation under the Lease, the Lessee will be in default by the mere expiration of that term.
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13.2. If no term has been set for performance of an obligation under the Lease, the Lessee will be in default after being declared in default in writing, given a reasonable term for performance and still failing to perform the relevant obligation.
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13.3. If the Lessee defaults on timely and full payment of a sum of money, he will forfeit interest at a monthly rate of 1.5% of the outstanding principal sum, calculated as from the due date up to the date of full payment of the principal sum. For this purpose, a part of the month will be regarded as a full month.
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13.4. If and as soon as the Lessee is in default, the Lessor will have the right to require performance or dissolution, whether or not with additional damages and/or damages in lieu of performance, without any further notice of default being required.
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13.5. All reasonable extrajudicial expenses (including the turnover tax due) that the Lessor needs to incur because the Lessee fails to perform his obligations will be at the Lessee's expense.
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13.6. Reasonable extrajudicial expenses will include the attorney fees, bailiff's fees, charges by a collection agency or other third parties incurred by the Lessor, increased by any expenses incurred by the Lessor himself. Those costs will be deemed to be at least EUR 250 per event, or if the obligation on which the Lessee defaults concerns the payment of a sum of money, 15% of the outstanding sum of money, subject to a minimum of EUR 250.
14. Inspection on termination of the tenancy
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14.1. On termination of the Lease, the Lessee and the Lessor will jointly inspect the rented property and the fixtures in it and draw up a report to record any work and repairs that need to be performed at the Lessee's expense to restore the rented property to a good state of repair. The Lessee must schedule an appointment with the Lessor for that purpose on time.
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14.2. Both the Lessee and the Lessor will receive a copy of the inspection report signed by both of them. The Lessor will provide the Lessee with a statement of the estimated costs of repairs.
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14.3. If the Lessee does not cooperate in the preparation of an inspection report towards the end of the Lease, the inspection report of the Lessor will be binding upon the parties.
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14.4. The Lessor will allow the Lessee to carry out the work described in the inspection report within a reasonable term to be set by the Lessor.
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14.5. If the Lessee fails to return the rented property in a good state of repair within the stipulated term, the Lessor will be entitled to have the repair work described in the inspection report carried out and will charge the associated costs to the Lessee without further notice of default being required.
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14.6. Lessee will be informed by the Lessor, within two weeks after the final inspection, in regards to damages or defects which were not notified during the final inspection.
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15. Return on termination of the tenancy
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15.1. On termination of the Lease, the Lessee will return the rented property in a good state of repair, fully vacated, clean, together with the keys to the Lessor. The Lessee/occupant will be obliged to deregister when the agreement has terminated.
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15.2. The Rented Property will be deemed to be in a good state of repair if, on the basis of the inventory referred to in Article 2.3 and the description of the rented property, it is evident that:
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the Lessee has complied with his obligation to carry out minor repairs referred to in Articles 7.1 in 7.2;
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the Lessee has repaired all damage to the rented property for which he was held liable pursuant to Article 10;
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the changes and additions made by the Lessee with the Lessor's consent are in a good state of repair;
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the Lessee has removed any changes and additions made by the Lessee without the Lessor's consent, or any changes and additions for which the Lessor granted his consent on condition that they be removed within the meaning of Article 6.2,
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15.3. If the Lessee does not return the rented property in a clean state, the Lessor has the right to charge the cost of cleaning to the Lessee on the basis of an offer from a recognised cleaning firm. In addition, the Lessor will have the right, if the Lessee kept pets in the rented property whether or not with the Lessor's consent, to have the rented property sanitised by a sanitation company at the Lessee's expense.
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15.4. The Lessor will be entitled to remove any goods left behind in the rented property at the Lessee's expense after the rented property has been vacated.
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15.5. The Lessee will pay the Lessor damages on account of loss of rent if the Lessee is to blame for any repair work that needs to be carried out after termination of the Lease. Those damages will be calculated per day and correspond to the price of the rented property. The damages will be calculated based on the total rent for the calendar year in question divided by 365 days.
16. Address for service
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16.1. As from the commencement date of the Lease, all notices from the Lessor to the Lessee in connection with the performance of this agreement will be sent to the address of the rented property, unless the Lessee has rented the rented property for an employee. In that case, all notices from the Lessor will be sent to the Lessee's address stated in Article 1.2 of the Lease.
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16.2. If the Lessee no longer effectively lives in the rented property or no longer maintains offices at the address referred to in Article 1.2 of the Lease, the Lessee must inform the Lessor promptly in writing, stating his new address and place of residence.
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16.3. If the Lessee leaves the rented property without reporting his new address to the Lessor or no longer maintains offices at the address stated in Article 1.2 of the Lease, the address of the rented property will remain or will be regarded as the Lessee's place of residence.
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17. Personal Data Protection Act. Indexing of amounts
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17.1. By signing the Lease, the Lessee authorises the Lessor (and any property manager appointed by the Lessor) to include the personal details of the Lessee and the members of his family in a record and to process those details.
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17.2. All the amounts quoted in these General Lease Provisions will be annually indexed for the first time 1 year after the commencing date of the Lease, in accordance with the annual consumer index series for all households, published by the Central Bureau of Statistics, the foregoing on the basis of a year-by-year method.
18. Disputes
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18.1. If the Lease is drafted or also drafted in a language other than Dutch, the Dutch text will be binding between the parties and the dispute will be assessed with the help of the applicable Dutch law.
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18.2. A court in the Netherlands will have exclusive jurisdiction to acknowledge the disputes referred to in Article 18.1.
The copyrights of these General Lease Provisions are reserved for the V.V.A.. Nothing in this publication may be duplicated and/or published and/or processed in any way without written permission. © 2016
[version October 5th, 2016]
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Contact
Relocation-AmsterdamEikenplein 1-3
1092 CC Amsterdam
+31 (0) 20 - 331 7373
info@relocation-amsterdam.nl