AMSTERDAM
APARTMENT GENERAL CONDITIONS
|
GENERAL
CONDITIONS APPLYING TO THE TENANCY AGREEMENT OF LIMITED DURATION
FOR THE LEASE OF PARTLY OR FULLY FURNISHED LIVING ACCOMMODATION
1.
GENERAL
1.1 The parties hereto, having regard to the personal circumstances
of Lessor and Lessee mentioned in the prefatory statement to the
agreement, agree that the tenancy agreement to which these conditions
apply has been specifically concluded for the temporary use of the
accommodation. Sections 1623(a) to 1623(o) inclusive of Book 7A
of the Dutch Civil Code and the "Huurprijzenwet Woon-ruimte"
[Housing Rents Act] are not applicable to this tenancy agreement,
as this agreement has been explicitly concluded for a limited period
of time.
1.2 Lessee/Occupant shall, during the continuance of this agreement,
occupy the rented property himself and use it in a proper manner
and only as living accommodation, with due regard for the existing
rights in rem and in compliance with the regulations made by the
authorities or public utility companies.
1.3 Lessee shall act in accordance with the verbal and/or written
instructions provided by or on behalf of Lessor, in order to secure
proper use of the accommodation and the rooms and areas, installations
and facilities in the building or complex to which the rented accommodation
belongs.
1.4 In the event that the accommodation is not available on the
date on which the tenancy is to take effect, Lessee is not entitled
to demand annulment of the agreement, without prejudice to Lessee's
right to compensation, unless the delay in delivery is caused by
culpable negligence or failure on the part of Lessor, as a result
of which the delivery is delayed to such an extent that Lessee cannot
reasonably be expected to uphold this agreement.
2.
PERMISSION FOR USE/OBLIGATIONS OF LESSOR
2.1 Lessor shall, if necessary, have obtained permission for the
present tenancy agreement from or give notice of it to: a. The landlord
or administrator, in the case of sublease or co-occupation, b. The
"Gemeentelijke Dienst Herhuisvesting", c. The Association
of Owners, d. The mortgage company, e. His insurers.
2.2 Lessor shall not be liable for:
a. Any damage to or loss of goods belonging to Lessee or his/her
family; b. The consequences of any visible and/or invisible defects
of the property.
3.
CHECKING IN/OUT (at the commencement and expiration of the tenancy)
3.1 Lessor undertakes to hand over the keys to Lessee and to draw
up and give Lessee:
a. an inventory in duplicate,
b. A survey report in duplicate, describing the state of repair
of the property, c. A list of maintenance firms or mechanics for
the general maintenance of the property, d. multilingual instructions
for the use of the appliances available, if obtainable,
3.2 Lessor and Lessee undertake to check the above-mentioned inventory
(with relevant notes) and survey report and to date and sign these
as correct at the commencement of the tenancy.
3.3
Lessee shall, not later than three weeks after taking possession
of the accommodation, inform Lessor of any damage or defect not
found when the survey was made.
3.4 Lessee shall, at the termination of the tenancy, hand over all
keys to Lessor and deliver up the property and its furnishings,
fixtures and other effects in the original condition, normal wear
and tear excepted, that is: a. in a state of repair similar to that
described in the inventory referred to in 3. l(a) b. In a state
of repair similar to that described in the survey report referred
to in 3. l (b) c. clean and in good condition d. completely vacated
and free from further use.
3.5a
Lessee shall give Lessor due notice of the time at which the property
will be delivered up and make an appointment for the joint checking
of its furnishings, fixtures and other effects and their state of
repair.
3.5b
When the above-mentioned check is made, the findings shall be recorded
in a report, specifying what necessary repairs and what overdue
maintenance work has to be done and is chargeable to Lessee and
how these are to be carried out.
3.5c If Lessee fails to cooperate in the drawing up of the delivery
report at the termination of the tenancy, the delivery report drawn
up by Lessor shall be binding on both parties.
3.6a If Lessee, after being duly summoned, fails or partly fails
to perform his obligations arising from the delivery report referred
to in 3.5, Lessor shall be entitled to have the necessary repairs
carried out for Lessee's account.
3.6b In the event that the property, as a result of the repairs
to be carried out according to the delivery report referred to in
3.5, is delivered up in the state specified in 3.4 after the final
date of vacating, Lessee shall be obliged to pay Lessor the pro
rata rent for the number of days to the actual delivery date, notwithstanding
Lessor's right to compensation for any further damage or costs.
3.7 In the event that Lessee does not deliver up the property in
a clean state, Lessor is entitled to charge Lessee with cleaning
costs based on the quotation of a registered cleaning company.
3.8 Without any liability on his part, Lessor has the right to remove,
for Lessee's account, any goods that Lessee may have left behind
after quitting the property.
4.
LESSOR'S PRIOR CONSENT
4.1 Lessee is not allowed without Lessor's prior written consent:
a. To sublet the rented property in whole or in part to, or place
it at the disposal of, a third party;
b. To renovate or to make alterations to the property;
c. To use the accommodation for any other purpose;
d. To install an aerial or dish for radio and television reception
on the premises;
e. To keep pets in the property;
f. To alter or remove furnishings or fixtures and other effects
belonging to the property.
4.2 Lessor is entitled to withhold his consent or give it subject
to certain conditions.
4.3 Consent given by Lessor shall only apply to each individual
case and not to subsequent cases of the same nature.
4.4 In the event that Lessee obtains consent from Lessor to do anything
mentioned in 4.1, he/she shall remain liable for any damages to
the property in consequence thereof. When pets were kept, the accommodation
shall, if necessary, be fumigated by a professional company for
Lessee's account upon termination of the tenancy agreement.
4.5 In the event of Lessee acting contrary to the provisions of
4.1, Lessee shall forfeit a fine for each calendar day the breach
continues. The fine shall be immediately payable in full and shall
be equivalent to twice the daily rent currently paid by Lessee,
with a minimum of € 45,38 per day, notwithstanding Lessor's
right to demand either full performance of the agreement or its
annulment, on the grounds of culpable negligence or default, and
to claim damages.
5.
OBLIGATIONS OF LESSEE
5.1 Lessee hereby declares that he/she knows the property and does
not require further specification thereof.
5.2 Lessee undertakes to use and maintain the property with due
diligence.
5.3 Lessee is obliged to inform Lessor forthwith of any damage,
defect or malfunction occurring or threatening to occur in or to
the property. Such notification shall be confirmed by Lessee in
writing. If any defect or malfunction is not duly reported, Lessee
shall be liable for any resulting damage or loss.
5.4
Lessee shall not cause nuisance to neighbours by occasioning noise,
bad smells or other inconvenience.
5.5 Lessee shall, if required, sign the Rules of the Association
of Owners.
6.
MAI1NTENANCE OBLIGATIONS
6.1. GENERAL
6.1a In general costs of repairs due to wear and tear shall be borne
by Lessor.
6.1b Lessee shall take any necessary steps to prevent or minimise
damage to the rented property and the adjoining premises, including
measures to prevent damage attributable to weather conditions or
influences.
6.1c Lessor is obliged to maintain the exterior and Lessee is obliged
to maintain the interior of the rented property in good repair.
Both parties shall, each at their own expense, duly take any measure
(including renewal or replacement) that may prove necessary or to
which the parties are bound by law or any statutory regulation.
6.1d All repairs must be carried out by licensed contractors and
all receipts shall be kept.
In addition to the provisions of 6.la - 6.ld, Lessee and Lessor
shall be responsible and chargeable for the following maintenance:
6.2 MAINTENANCE OBLIGATIONS OF LESSEE
6.2a Routine repairs within the meaning of Section 1619 of Book
7 of the Dutch Civil Code, such as:
- Maintenance, repair or replacement, if damage is caused by improper
use of filling hoses, swivels and radiator keys of the central heating
system;
- Maintenance, repair or replacement of doorbells, switches, sockets,
fuses, plugs, interior and exterior lighting and bulbs;
- Adjustment, fastening, greasing or replacement of hinges, locks,
window catches, door handles (including those of cupboards);
- Maintenance or replacement of draught strips;
- Routine maintenance and repairs of stair handrails or banisters,
any letter box in the private front door and the provision of nameplates;
- Maintenance of water taps, shower hoses, hand shower, shower hook
and fastenings and also repair or replacement of washbasin, bathtub,
soap dishes, toilet bowl and other sanitary accessories, if they
have been damaged;
- Maintenance and replacement of the seat, the lid, the seals, the
ball valve and ball float in the cistern of the toilet;
- Descaling of taps and shower head and replacement of washers,
etc.
6.2b Interior maintenance
- Prevention of freezing and repair of frost damage arising from
negligence;
- Replacement and/or repair of doors and windows broken by wind
action due to Lessee's carelessness;
- Replacement of mirrors, window panes and door panes;
- Replacement of (lost or damaged) keys and locks;
- Repairs of electrical equipment after overloading as a result
of improper use;
- Cleaning of the mechanical ventilation, cleaning and replacement
of filters, maintenance and repair of (air)vents, valves and extractor
fans;
- Extermination of vermin, such as lice, cockroaches, wasps, ants,
mice, flees and other pests and fumigation for pest control purposes;
- Cleaning of windows and woodwork, both inside and outside;
- Maintenance, filling and bleeding of the central heating system,
etc.
6.2c Painting and wallpapering
The repair of damage caused by Lessee to the interior paintwork,
wallpaper and whitewash, ceilings and piaster, wall or floor tiles,
parquet or other floor covering, and also of damage caused by drilling
holes, inserting plugs or removing wallpaper, etc.
6.2d
Plumbing
- Maintenance and cleaning of waste pipes and siphons of washbasins,
shower bases, kitchen sinks, etc. (including chains and plugs);
- Unblocking of waste pipes and drain pipes, if the blocking was
manifestly caused by Lessee, etc.
6.2e Exterior maintenance
- Cleaning of fire escapes, staircases and communal rooms and areas,
if not included in the service costs;
- Cleaning and unblocking of rainwater pipes, gutters, drain holes
and reservoirs, sewage pipes and tanks;
- Repair of damage caused by walking on the roof;
- Cleaning windows and woodwork on the outside;
- Cleaning and maintenance of the pavement of garden, car port,
terraces, communal paths;
- Cleaning and maintenance of gardens, including the pruning of
shrubs and trees, etc.
6.2f With the exception of normal wear and tear, Lessee is liable
for any interior maintenance work or repair the property and its
furnishings, fixtures and other effects have to undergo because
of:
- Destruction
- Damage
- Negligence
- Incompetent and/or improper use
- Insufficient ventilation (resulting in condensation damage and
rot)
Any disputes between Lessor and Lessee about the causes and effects
of damage and/or repairs to the property and its furnishings, fixtures
and other effects shall be settled by calling in an expert, whose
opinion shall be binding.
6.3 MAINTENANCE OBLIGATIONS OF LESSOR
6.3a Lessor shall place the accommodation and the garden at lessee's
disposal at the commencement of the tenancy agreement:
- In a good state of repair
- Clean, free of moisture and, if possible, draught-proof
- Provided with proper locks and
- With good ventilating facilities.
Lessor is liable for normal wear and tear, as specified in 6.1.
6.3b Major interior maintenance
- Maintenance, repair or replacement of windows, window- sills and
window-frames;
- Maintenance and repair of locks of doors opening on to communal
rooms or areas and locks of outside doors;
- Replacement of hinges, locks, fastenings, and espagnolettes of
windows and outside doors;
- Repair of ceiling constructions, loose piaster and large or noticeable
cracks.
- Major repair of stair rails or banisters inside the property;
- Maintenance and repair of inside staircases and folding steps;
- Maintenance and repair of the electric installation, including
fuse boxes, wiring and earthing;
- Maintenance and repair of (electrically-operated) door openers,
doorbell and bell system and letterbox;
- Maintenance of the intercom system;
- If the accommodation is part of an apartment building, the internal
maintenance of communal rooms and areas and any repairs for which
Lessor is liable under the Rules of the Association of Owners;
- Combating woodworm;
- Repair of chimneys and ventilation channels;
- General maintenance, repair and/or replacement, if necessary as
a result of normal wear and tear, of the central-heating boiler,
radiators, circulation pumps, thermostats and other fittings, pipes
and taps of the central heating system, the hot water system and
the automatic water supply system;
- The annual maintenance contract for the cleaning of the central
heating system and geyser/boiler and the sweeping of the chimney,
although the costs of this contract will be passed on to Lessee.
6.3c Structural maintenance
- Structural maintenance of the premises with appurtenances;
- Maintenance and repair of the foundations, floor supports and
floor;
- Maintenance, repair or replacement of roof covering, roof passages,
roof gutters and drainpipes;
- Skylight and roof tiles, if damage is due to wear and tear or
weather influences.
6.3d
Plumbing
- Replacement or repair of pipes and taps for the water and gas
supply;
- Repair or replacement of siphons and goosenecks, in case of blockage
and/or leakage;
- Replacement of worn taps, washbasins, hand basins, cisterns and
toilet bowls;
- Repair of loose tiles;
- Repair and replacement of kitchen unit and worktop because of
wear and tear.
6.3e Exterior maintenance
- Painting and maintenance or repair of roofs and floors of sheds
and/or store rooms;
- Painting of the exterior of the premises and the appurtenances,
including fixed and movable parts, balconies, balustrades, outside
staircases, and maintenance of piaster and masonry;
- Maintenance and repair of outside staircases and concrete, balconies,
balustrades and masonry;
- Repair or replacement of sewage pipes, drains and waste pipes
outside the property;
- Raising of gardens and terraces;
- Maintenance of yard partitions and fences.
7
COSTS PAYABLE BY LESSEE
For Lessee's account are:
a. All minor routine repairs and replacements to or in the property,
as referred to in Section 1619 of Book 7A of the
Dutch Civil Code and 6. 2(a) of these General Conditions to a maximum
of € 90, 76 each, exclusive of home call charge and VAT;
b. All costs arising from the maintenance obligations specified
in 6.2a to 6.2f inclusive;
c. All charges, rates and levies in respect of the property, including
those for gas, electricity, water and heating, radio and television
licence and cable television, including subscriptions.
d. Charges in respect of telephone subscription, calls and meter
readings;
e. The costs of the annual maintenance contract for the cleaning
of the central heating system and geyser/boiler, and the sweeping
of the chimney referred to in 6.3(b) hereof;
f. If the accommodation is part of an apartment building, the charges
for central heating in excess of the amount included in the rent
or paid periodically by Lessee.
g. Taxes imposed on the occupant by the authorities, such as property
tax (user's portion), purification charges, etc.
h. Premiums for the insurance of Lessee's personal effects and belongings
in the property and on the premises.
8
COSTS PAYABLE BY LESSOR
For Lessor's account are:
a. All costs of repairs to or in the property with the exception
of the provisions of Section 1619 of Book 7A of the Dutch Civil
Code;
b. All costs arising from the maintenance obligations specified
in 6.3a to 6.3e inclusive;
c. Polder and water board duties, land, sufferance, sewerage and
property tax (owner's portion), and all taxes imposed on Lessor
by the authorities;
d. Premiums for the insurance of the property and its furnishings,
fixtures and other effects.
9.
DEFAULT
9.1 In the event that Lessee
a. Fails to pay the rent instalments by the stipulated date;
b. Ceases to use the rented accommodation prematurely without notice
of termination;
c. Fails to perform or observe any other condition of this agreement;
d. Fails to fulfil any legal obligation;
e. Fails to comply with any condition attached to consent given
by Lessor;
f. Applies for a moratorium or files a petition in bankruptcy;
g. Is adjudged bankrupt;
h. Loses the free disposition of his property or part thereof;
Lessor
has the right, after notice of default:
- Immediately to terminate the tenancy agreement prematurely;
- To declare the tenancy agreement terminated;
- Gain access to the property at Lessee's expense;
- To assume possession of the property and
- To have any necessary repairs or other work carried out for Lessee's
account, without Lessee having any right to claim compensation or
otherwise.
9.2 In the event of non-payment on a due date or any occurrence
specified in 9.1, Lessee shall be in default.
9.3a Lessee is obliged to reimburse Lessor for any damage, costs
and loss of interest incurred as a result of:
- Culpable negligence on Lessee's part;
- Lessee's liability for non-performance or any of the occurrences
referred to in 9. l and 9.2;
9.3b In the event that an amount payable by Lessee under the present
agreement is not paid promptly on the due date, Lessee shall ipso
jure forfeit a fine to Lessor equal to l .5% interest per month
on the principal sum owing from the due date to the date of full
settlement of the principal sum.
9.3c In the event that Lessee fails to perform any obligation arising
from the present agreement and Lessor demands fulfilment of the
obligation concerned by means of a summons, injunction, notice of
default or writ served upon Lessee or takes legal or other action
to enforce fulfilment, Lessee shall pay to Lessor all collecting
charges incurred by Lessor in respect thereof, without prejudice
to the legal costs Lessee is ordered to pay.
The amount of the collecting charges incurred by Lessor out of court
shall include lawyer's fees, bailiff's charges, collecting agency's
fees or other third party charges, plus the private costs incurred
by Lessor in this respect. The collecting charges shall amount to
a minimum of € 226,89 exclusive of VAT. If the default concerns
a financial obligation, the collecting charges incurred out of court
shall, without prejudice to the preceding provisions, at least amount
to 15% of the total sum due and payable by Lessee to Lessor.
10.
DISPUTES
10.1 In the event of disputes arising from, or about the interpretation
of, this agreement, the Dutch text and Dutch law shall apply. Any
dispute between Lessor and Lessee shall be settled by the competent
Dutch Court.
10.2 Under no circumstances whatsoever, shall the agent(s) be liable
or jointly liable for the consequences of any dispute between Lessor
and Lessee.
11.
RIGHT OF ENTRY
Lessor or his proxy shall have the right of entry and Lessee shall
be co-operative in giving access to the property for the purpose
of inspection by prospective (sub)lessees or buyers or for having
necessary repairs or improvements carried out on workdays between
9 a.m. and 6 p.m., provided that Lessee is given at least 24 hours'
notice thereof.
In witness whereof this agreement has been drawn up in duplicate
at Amsterdam on
Lessor: Lessee :
date : date :
Home
Apartment
1 Apartment
2 Apartment
3 Souterrain
Studio1
Studio
2 Prices
FAQ
Contact
Links
Imprint
Amsterdam
Contract
Conditions
Guestbook
Weather
City
map
NO
FEE INFO-AMSTERDAM-APARTMENT
DIRECTLY
FROM THE AMSTERDAM OWNER
|