GENERAL PROVISIONS LEASE CONTRACT LIVING ACCOMMODATION
Model adopted by the Raad voor Onroerende Zaken (Council for Immoveable Property) (ROZ) on 30 July 2003 and registered on 31 July 2003 with the Court Clerk’s Office
of the Court in Den Haag and there registered under number 74/2003. Any liability for adverse consequences of the use of the text of the model is excluded by the ROZ .
Use
1.1 Lessee shall – for the entire duration of the contract – effectively, duly and personally use the leased object exclusively in accordance with the
purpose stated in the lease contract and under observance of existing rights, limited rights and the requirements imposed or to be imposed by the
authorities, fire department and public utilities with respect to the use of the leased object. Public utilities shall include similar companies engaged in
the supply, transport and metering of the consumption of energy, water and such. Unless at the commencement of the lease contract the situation
involves leasing partly furnished and/or appointed living accommodation, lessee shall furnish and appoint the leased object at commencement of the
lease period. Lessee will maintain a situation whereby the leased object is adequately furnished and appointed.
1.2 Lessee will conduct himself in accordance with the verbal or written instructions given by or on behalf of lessor in the interest of an appropriate use
of the leased object and of the areas, installations and facilities of the building or complex of which the leased object forms a part.
1.3 Lessee shall not be authorised – without prior written permission of lessor – to relinquish the leased object in whole or in part to be let, sublet or
used by third parties, such including letting rooms and affording board or to waive right of lease. Any permission given by or on behalf of lessor will be
non-recurring and will not apply to other or subsequent cases.
1.4 In the event that lessee acts contrary to the provisions in 1.3, he will forfeit to lessor for each calendar day that the violation continues an
immediately claimable penalty equal to three times the lease price per day then applicable to lessee at a minimum of € 45 per day, without prejudice
to the right of lessor to claim compliance or, as the case may be, dissolution for non-performance, as well as damages to the extent that the damage
exceeds the penalty sum. Moreover, lessee is to deliver all revenues gained through this to lessor.
1.5 If lessor has reasons to assume that lessee has relinquished the leased object without permission of lessor in whole or in part to be used or
sublet, or affords board therein, lessee shall be obliged to afford his cooperation to an investigation into this conducted by lessor. When so requested,
lessee’s obligations shall include furnishing particulars of the user(s) or sub-lessee(s).
1.6 The lessee shall not use storage areas, garages, and the like, forming part of the leased object as living accommodation, as storage other than for
personal non-business related use, as workshop or as sales point or, as the case may be, otherwise in or near these areas perform sales activities or
cause such to be performed.
1.7 Lessor will be bound to make available to lessee the leased object on contemplated commencement date of the lease period. When lessor
however cannot for reasons beyond his control make available the leased object on a timely basis – for instance due to the fact that the previous
lessee has failed to vacate on a timely basis the lease object contrary to contracted agreements, lessor failed to obtain on a timely basis permits
applied for on a timely basis or due to the fact that the leased object was not completed on a timely basis – then lessor shall not be liable for such
facts and the lease period will only commence on the date on which lessee makes available the leased object to lessee, such unless lessee has
notified lessor before this in writing that he does not wish anymore to honour the lease. When lessor cannot make available the leased object on a
timely basis, lessor shall be bound only in so far that he has to forthwith take such measures as to limit any further delay to a minimum.
Status at beginning and end of lease period
2.1 At commencement of the lease contract the leased object is/was delivered to lessee and accepted by lessee in sound condition, without any
defects. This shall be the condition ensuring that the leased object possesses the properties to afford lessee the enjoyment that lessee may expect at
commencement of the lease contract from a properly maintained property of the type to which the lease contract relates. The condition / status in
which the leased object is found at the beginning of the lease period will be recorded in an inspection report / description, which is to be datelined and
made at least in duplicate, that will be signed by parties and of which each of the parties will receive a copy.
Should, at commencement of the lease contract, the situation involve a defect then this will be noted in the inspection report / the description. Such a
defect will be remedied by lessor within a reasonable period. If lessor fails to do so then lessor shall be in default only after lessee has notified lessor
of default.
2.2 Unless agreed upon otherwise in writing, lessee will deliver to lessor the leased object at the end of the lease contract or at the end of his use of
the leased object in the condition as described at commencement of the lease period, whereby allowance must be made for work performed
subsequently by lessor and for normal wear and aging.
2.3 Moreover, the leased object shall be delivered entirely vacated, free of use and rights of use, properly cleaned, with relinquishment of all keys to
lessor. Lessee will be under obligation to remove for own account all things that were installed by him to or on the leased object or that were
purchased by him from the previous lessee or user, unless agreed upon otherwise in writing. Moreover, lessee will repair the damage caused to the
leased object as a result of the removal of things, deliver the non wallpapered walls and the ceilings in the colour white and will if the leased object
includes a garden leave the soil unpolluted and in proper condition (no depressions or holes).
2.4 At termination of the lease contract parties will jointly inspect the leased object. At such a time an inspection report will be made by lessor, which is
to be signed by parties. This inspection report will be compared with the inspection report that was made at commencement of the lease period.
Then it will be determined whether lessee must perform maintenance or repair activities. If lessee fails to afford his cooperation to the inspection, then
the findings of lessor presented in the inspection report will be considered accurate subject to counter-proof by lessee.
2.5 Lessee will perform the maintenance and repair activities stated in the inspection report before he finally leaves the leased object.
2.6 If lessee does not or insufficiently perform the maintenance and repair activities presented in the inspection report then lessor shall be entitled to
have said activities performed for account of lessee without any requirement by or on behalf of lessor of notification of lessee concerning the default.
With respect to damage becoming apparent only at or after vacating of the living accommodation, which lessee was required to repair, or with respect
to activities becoming apparent only then, which lessee was required to repair, lessor shall also be entitled to have intended activities performed for
account of lessee without any requirement by or on behalf of lessor of notification of lessee concerning the default.
2.7 For the period of time entailed in the performance of the activities meant to bring the leased object into the condition as intended in 2.2, counting
from the date of the end of the lease contract, lessee shall owe lessor a sum calculated on the basis of the most recently applicable lease price as
well as compensation for additional deliveries and services, without prejudice to the claim of lessor to compensation of further damage and costs.
Lessee cannot invoke any rights from this provision.
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2.8 Lessee will loose ownership of moveable property, title to which he shall be deemed to have waived through the act of leaving said property in the
leased object at the moment of effectively leaving the leased object. This moveable property can be removed by lessor, at the discretion of lessor,
without any liability on his side, on the account of lessee without any archiving duty bearing on lessor. Lessor shall be free to dispose of this property.
He shall be entitled to appropriate this moveable property or, as the case may be, place it on the side of the public road at the risk of lessee, entirely
as he sees fit. Lessor can also opt for having the relevant moveable property transported away for immediate destruction or temporary storage. When
lessor has caused the relevant moveable property to be transported and stored, lessee will only be able to retrieve intended moveable property from
lessor during the period that they are in storage against a lump sum payment of the total receivable that lessor has on lessee. Lessor shall not be
liable for damage to the relevant moveable property caused during its removal, transport or storage.
2.9 The provisions in 2.8 shall not apply to moveable property, title to which lessee has transferred to the succeeding lessee, provided this transfer
was notified in writing to lessor.
Alteration of layout or appearance by lessee
3.1 At all times lessee will inform lessor in advance on a timely basis about any alteration of or addition to the layout or the appearance that lessee
wishes to install (have installed) or to have in, to or on the leased object. Alterations shall include making holes in floors, ceilings or facades, unless
these concern simple screw or nail holes of minor dimensions.
3.2 Lessee shall not without prior written permission of lessor alter the layout or the appearance of the leased object in whole or in part nor add
anything, if at the end of the lease period the alterations cannot without negligible costs be rectified and removed by lessor. Alterations and additions
that lessee has installed without prior permission of lessor will be rectified by lessee at the end of the lease contract.
3.3 Lessee shall require prior written permission of lessor for alterations or additions on or to the exterior of the leased object, including the grounds,
the balcony, the common areas, and the garden (unless the situation involves a layout as ornamental garden).
3.4 Unless parties agree otherwise in writing, lessor will not grant permission for alterations and additions that lessee wishes to install if:
-such adversely affects the lease value of the leased object;
-the alteration leads to a depreciation of the leased object;
-such are not imperative for an effective utilisation of the leased object;
-such do not increase enjoyment of use and occupancy;
-when weighty objections on the side of lessor otherwise oppose such installation.
3.5 Weighty objections on the side of lessor shall be involved in any event if the alterations or additions:
-fail to satisfy the relevant applicable government regulations and/or regulations of utility companies or when
any relevant requisite permits have not been obtained;
-are of inadequate technical quality;
-adversely affect the lease value of the leased object and/or of adjacent dwellings;
-impede due property management;
-cause or potentially cause nuisance and/or inconvenience to third parties;
-lead to a situation whereby the dwelling can no longer be assigned to potential occupants who are the primary market for lessor;
-reasonably are or can be harmful for the lease object or the building of which the leased object forms a part;
-alter the nature of the leased object;
-contravene the terms under which the owner of the leased object acquired title to the leased object.
3.6 Lessor shall be competent to make his permission subject to regulations for the lessee or impose a charge, specifically concerning the materials to
be used by him and the quality thereof, the constructions to be applied and the procedures to be followed, specifically with a view to the possibility of
and the consequences for future maintenance and safety. Lessor can furthermore attach to a granted permission regulations concerning a insurance
for fire, storm and third party liability, concerning taxes and levies and concerning liability.
3.7 Lessor will communicate, when granting his permission, whether the alterations must be rectified or not be rectified at the end of the lease
contract. Lessor shall be competent, in the event that he demands rectification, to demand a guarantee or another security for compliance of intended
obligation. The rectification can be waived if lessor upon joint written request of lessee and the new lessee as yet agrees that he will maintain the
alterations or facilities installed or purchased by lessee, in the sense that they can be purchased by the new lessee. This permission by lessor can
only be requested through the use a purchase form to be made available by lessor to the leaving lessee or the new lessee. The new lessee will
subsequently in turn, at the end of the lease contract concluded with him, ensure rectification of the alteration, unless these can again be waived on
the basis of the provision included in the first sentence.
3.8 Lessee shall be obliged to maintain and repair the alterations and additions installed by him. In the event that lessee has purchased moveable
property from a lessee preceding him, has purchased alterations or facilities, these will never lead to liability of lessor. Lessee holds harmless lessor
against claims by third parties for damage caused by alterations and changes installed by lessee.
3.9 The non wallpapered walls and the ceilings in the leased object shall not be covered with wallpaper by the lessee. Lessee shall not affix stickers
on paintwork nor glue floor covering directly onto covering floors or stairs. Structured surfaces such as stucco, structured paint, Granol, Putz, et
cetera, applied to the walls by lessee must have been rectified at the end of the lease contract, unless the subsequent lessee has communicated in
writing to lessor that he will purchase the structured surfaces applied to the walls from lessee and that he (i.e. the subsequent lessee) will in turn
ensure the removal thereof at the end of his lease contract.
3.10 A permission granted by lessor shall be non-recurring and shall not apply to another case or to subsequent cases.
3.11 Lessor shall not be bound to a nomination by lessee of a lessee succeeding him for the leased object; not either when such subsequent lessee is
wiling to purchase from lessee moveable property or facilities or alterations installed in/to the leased object.
3.12 As to the alterations and facilities to/in the leased object, the provisions in 2.1 through 2.9 of present general provisions shall apply accordingly.
3.13 All alterations that have been installed by lessee contrary to the terms of lessor must be rectified at first notification from lessor.
3.14 If moveable property installed by lessee must be temporarily removed in connection with maintenance or repair activities to the leased object or,
as the case may be, the building or complex of which the leased object forms a part then the costs of removal, any storage and re-installation will be
for account and risk of lessee, such regardless whether lessor has granted permission for installing the moveable property.
Alterations or facilities by lessor
4.1 If and in so far imperative regulations are imposed by the authorities with respect to alterations, modifications or improvements of the individual
leased object, as the case may be, of the building or complex of which the leased object forms a part, lessee declares that he will allow these
alterations in, on, to or near the leased object.
4.2 If the leased object forms part of a complex of several stand-alone dwellings and lessor wishes to alter, modify or improve the complex or a part
thereof of which the leased object forms a part, whereas such activities have not be prescribed by the authorities, lessee must afford opportunity for
this, provided:
a. at least 70 % of the lessees in the complex, or a part thereof, of which the leased object forms a part, has consented to the proposed alteration,
modification or improvement;
b. the proposed alteration, modification or improvement can only be installed, for technical, organisational, social and/or financial reasons, on a
complex-wide basis or for each part in question in sequence;
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c. lessor has informed lessee on a timely basis about the contemplated alteration, modification or improvement and has consulted with lessee,
occupants’ commission, respectively.
4.3 If, under 4.1 or 4.2., lessor is entitled or obliged to install specific alterations or renovations in or to the leased object, lessor shall be permitted to
increase the lease price by an amount that is in fair relation to the costs incurred by lessor for intended interventions, alterations and additions.
Lessor will however not charge an increase for alterations or renovations to be designated remedying overdue maintenance with the purpose of
ensuring a level of maintenance matching the original lease price.
4.4 Lessee shall be entitled to submit, within three months after lessor has billed the increase in lease price, this increase for review to the rent
tribunal and have the rent tribunal rule whether the amount of the increase is in fair relation to the costs expended by lessor for the improvements (the
interventions, facilities, respectively). The above shall leave intact the competence of parties to bring, within eight weeks after they have been sent a
transcript of the ruling of the rent tribunal, a claim before a regular Court.
4.5 In the event of alterations, modifications or improvements as intended in 4.1 and 4.2, the provisions in 10.5 shall apply.
Elevator
5.1 If the complex of which the leased object forms a part includes an elevator, lessee, his fellow occupants and visitors will strictly comply with all
regulations, given or yet to be given by or on behalf of lessor, the elevator installing firm or the authorities.
5.2 Lessor will ensure that a service contract for the elevator plant is concluded.
Central heating and hot water plant
6.1 If the leased object offers a personal, individually to be controlled, central heating plant or a hot water plant, lessee will care for it "as a responsible
lessee".
6.2 For account of lessee shall be without exception all costs for repair of damage caused by negligence, inexpert use or inexpert maintenance of the
plants plus accessories by the lessee in person or by persons designated by him.
6.3 At below zero temperatures, lessee shall take all measures available to him to prevent freezing of the central heating plant, the hot water plant and
the water pipes.
In the event of absence of lessee during the heating season, the lessee shall not close –considering the freezing risk of abovementioned plants – the
radiators of the central heating plant.
6.4 If and in so far such is not being realised by lessor for account of lessee, lessee will conclude for own account a service contract with an
accredited installation firm, which service contract shall include the periodic servicing of the plants plus accessories. Lessor shall be entitled to inspect
this service contract.
6.5 Should the central heating plant or the hot water plant form part of a larger system, which serves also areas other than the leased object, then
both heating plant and hot-water plant will be put into and maintained in operation by lessor, and lessee will conclude a service contract.
Common or central antenna installation
7.1 If the leased object is, will be, or can be hooked up to an existing common or central system for the reception of television and radio programmes,
lessee shall not be permitted to install or maintain personal antennas, or make alterations to the system.
7.2 Only the hook-up installed in the leased object providing the link with the common or central antenna installation shall be used for connecting the
receivers. To make this connection, lessee shall use sound connecting wires to be purchased for own account.
Lessee shall be liable for damage to the installation caused by the use of improperly operating receivers or unsound connecting wires.
Garden, grounds, grounds partitions, premises
8.1 If the leased object includes a garden or grounds, lessee shall construct, use, keep up and maintain the garden as an ornamental garden and
shall not utilise the grounds and the garden for the storage of moveable property of any nature, nor for putting up one or several automobiles, house
trailers, boats, et cetera. Trees and shrubbery, also the trees and the shrubbery present at commencement of the lease contract, must be maintained
and pruned by lessee on a timely basis. If trees or shrubbery in the garden cause nuisance they must be removed for account of lessee. If a treefelling permit is required, lessee must apply for one for own account with the knowledge of lessor. Damage caused by trees, shrubbery or other
planting shall be for account of lessee.
8.2 Lessee shall not without permission of lessor place, modify or remove grounds partitions, sheds, pieces of carpentry, and premises.
8.3 The provisions in 3.1 through 3.14 shall apply accordingly.
Sun screens
9.1 Lessee shall not install exterior sun screens, unless he has obtained advance approval of lessor with respect to construction, colour, and method
of attachment.
9.2 The provisions in 3.1 through 3.14 shall apply accordingly.
Maintenance
10.1 By virtue of the law (article 7:217 juncto 240, Dutch Civil Code), this lease contract, or use, lessee shall perform minor repairs to, on or in the
leased object, and lessor shall remedy, upon demand of lessee, the other defects unless such is not possible or requires expenditures that cannot
under the circumstances be reasonably demanded from lessor. To ensure this, parties will on a timely basis and by sound methods –each for own
account –realise or cause to realise those facilities, renovations included, required for the intended purpose and imposed on them by law, any
statutory regulation, or contracted terms.
10.2 The provisions in 10.1 shall leave intact the obligation of lessee stated in 3.8 to maintain, repair and renovate facilities installed by or per
instruction of lessee himself.
10.3 The minor repairs for account of lessee will be performed by or on behalf of lessor if such maintenance is included in the deliveries or services to
be provided by or on behalf of lessor in 6 of the lease contract.
10.4 Above provisions shall leave intact the obligation of each of the parties to take for own account such measures necessitated due to intent, fault,
negligence or inexpert use by himself or by persons for whom he is liable.
10.5 If lessor considers it necessary to perform or cause to be performed to the leased object, or to the building or complex of which the leased object
forms a part, or to adjacent elements, maintenance, repair, renovation or other activities, or if such are required in connection with requirements or
measures imposed by the authorities or public utility companies, lessee will afford access to the persons, required for performing such activities, into
the leased object and tolerate those activities and any inconvenience, without being in a position to claim on this account damages, reduction of
payment obligation or, as the case may be, dissolution of the lease contract. Lessor will consult on a timely basis with lessee about the moment that
the activities will be performed.
10.6 If either party fails to perform or cause to perform maintenance, repair or renovation on his account - or, as the case may be, if such have been
performed in an inexpert or poor manner -, then the other party shall be entitled to perform or cause to perform said activities for account and risk of
the failing party, after the latter has received written notice of default in which he has been afforded a reasonable period within which to as yet comply.
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If the activities for account of lessee do not brook any delay, lessor shall be entitled to forthwith perform them or have them performed for account of
lessee.
Access
11.1 Lessee and all persons to be designated by him shall be entitled to enter the leased object, upon consultation with lessor, on work days between
08.00 hours and 17.30 hours, for inspection of the condition of the leased object for the purpose of the activities mentioned in 10.3 through 10.6, and
for the purpose of appraisals. In emergencies lessor shall be entitled, also without consultation and/or outside abovementioned hours, to enter the
leased object.
11.2 In the event of contemplated sale or auction of the leased object, and the last three months before the end of the lease contract, lessee shall
afford, upon preceding notification by or per instruction of lessor, opportunity for viewing of the leased object from 10.00 hours to 12.00 hours and
from 14.00 to 16.00 hours on workdays as well as on the auction days, and he will tolerate the customary 'to let' or 'for sale' signs or posters to or near
the leased object.
Damage and liability
12.1 When in, on or to the leased object damage has occurred or such occurrence is imminent, including damage or imminent damage to wires,
cables, pipes, discharges, sewage pipes, plant and equipment, lessee must forthwith notify lessor of this in writing.
12.2 If immediate damage is imminent or the expansion of already occurred damage is imminent, lessee must report this forthwith to lessor and
lessee shall without delay take fitting measures to avoid and limit (further) damage in or to the leased object. This shall particularly apply when
damage as a result of any weather condition exists or is imminent.
12.3 When the leased object forms part of a verzamelgebouw (multi-purpose building) or a complex of dwellings, the provisions in 12.1 and 12.2 shall
apply equally with respect to the total building or complex, more particularly with respect to the common areas and the adjacent properties. Direct
action by lessee shall be required in these cases only when such can be reasonably expected from him.
12.4 Lessor shall not be liable for damage and loss of enjoyment of use and occupancy that is incurred by lessee and/or his fellow occupants or for
damage to moveable property owned by lessee and/or his fellow occupants as a result of visible or invisible defects to the leased object, unless such
damage or loss of enjoyment of use and occupancy can be attributed to lessor or if such damage was caused by a defect that was present at the time
the lease contract was signed and of which lessor was then or should then have been aware of.
12.5 Lessor shall not be liable for the damage caused to the person and/or moveable property of lessee or his fellow occupants as a result of storm,
below zero temperatures, lightning strikes, serious snows, floods, rising or dropping of groundwater level, natural disasters, nuclear reactions, armed
conflicts, civil wars, insurrections, riots, war risk and other calamities.
12.6 Lessee shall be liable for damage to the leased object that occurred as a result of non-compliance attributable to him with an obligation from the
lease contract. This will be presumed to have been the cause of all damage, except fire damage. For the purpose of this sub-clause lessee shall
include: fellow occupants of lessee and third parties present inside the leased object.
12.7 Lessee shall be bound to conclude –and maintain -an adequate fire and theft insurance on the usual terms. In the event of damage coming
under the scope and coverage of an insurance concluded by lessee, lessee must first apply to his insurer.
Protection of living environment
13.1 If the leased object forms part of a building or complex that includes areas and grounds to which lessee does not have exclusive rights of use, he
will contribute to a situation whereby these areas and grounds are not polluted nor used for purposes other than their evidently intended purposes
pursuant either to the lease contract or the instructions of lessor.
Specifically, lessee will not enter or cause others to enter the roof, the switchboard areas for the elevator, the fire ladders, the area for the central
heating plant and the area for the pressure-water tank. Nor shall lessee place vehicles, prams, bicycles or other objects anywhere else than on or in
the designated facilities, or beat or hang bed linen, washing, et cetera, on the exterior of the building other than within the balcony area.
13.2 Lessee shall not without prior permission of lessor:
a. install or cause to install on or to the leased object advertising, in whatever shape or form, for himself or for third parties;
b. connect or cause to install a mechanical extractor hood and other equipment to a ventilation duct;
c. modify or use the flues present in the leased object for an open fireplace or a so-called allesbrander (multi-burner), unless their use is for an open
fireplace that forms part of the leased object. The provisions in 3.1 through 3.14 shall apply accordingly.
13.3 Lessee shall not:
a. keep in or near the leased object animals that cause nuisance;
b. remove combustion gases by any other method than via available flues, nor use for this purpose any ventilation ducts.
c. grow hemp or similar crops in the leased objects, possess narcotics and/or traffic in them from the leased object or perform any other activity that
are punishable under the opiumwet (Opium Act). Any acts contravening this prohibition shall be of such a grave nature that dissolution of the lease
contract in the shortest possible period shall be justified.
13.4 Lessee will not cause nuisance or inconvenience to neighbours or lessees of the same building or complex and will ensure that the third parties
present in his home with his consent, as well as his or their visitors, will not do so either.
13.5 The provisions in 13.1 through 13.4 contemplate among other things the promotion of a sound living environment among the users of the building
or complex of which the leased object forms a part.
13.6 Lessee will conduct himself, and use and maintain the leased object, as a responsible lessee.
Additional deliveries and services
14.1 In so far the leased object forms part of a building or complex, and the deliveries and services also relate to other parts thereof, lessor will
establish the share reasonably for account of lessee, such at his discretion, of the costs of intended deliveries and services. Lessor shall not be
required, in doing so, to allow for the circumstance that the lessee does not make use of one or several of these deliveries and services.
14.2 Lessor will supply to lessee each year, no later than 6 months after that calendar year has elapsed, a specified statement of the costs billed to
lessee of the deliveries and services, stating method of calculation thereof and in so far applicable the share of lessee in those costs. If lessor is billed
costs that do not relate to a calendar year, but rather to a different period of 12 months forming a financial year which financial year ends in the
expired calendar year, lessor will include the costs over this different period in the above intended statement.
In the event of termination of the lease period, above-intended statement will relate to the period in the calendar year that has already elapsed at the
moment of termination.
14.3 All amounts, as evidenced by the statement over the relevant period and allowing for advance payments, that have been paid short by lessee or
received in excess by lessor must be paid additionally or refunded within one month after the statement has been supplied.
14.4 Lessor will provide lessee, upon relevant request, the opportunity during one month after a statement has been supplied to inspect the books
underlying the statement and other business documents or copies thereof.
14.5 Lessee shall be bound to a decrease or increase of deliveries and services to be ensured by lessor as well as to any associated advance
payment, if such a change relates to deliveries and services that can be supplied to only a number of lessees jointly and if at least 70% of those
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lessees have consented to it. A lessee who has not consented to the change will be entitled to bring, within eight weeks after the written notification
from lessor that agreement has been reached with at least 70% of the lessees, a claim before a Court concerning the reasonableness of the proposal.
14.6 In the event that the deliveries and services include the delivery of gas, electricity, heat and/or (hot) water, lessor shall be free to adjust, upon
consultation with lessee, the method of determining consumption and the share in the costs of lessee linked to this consumption.
14.7 When consumption of gas, electricity, heat or (hot) water is determined with reference to consumption metering devices and when, due to non or
inaccurately functioning of these metering devices, a dispute arises about the share of lessee in the costs of consumption, then this share will be
determined by a company that is specialised in metering and determining quantities of purchased gas, electricity, heat and/or (hot) water. This shall
equally apply in the event of damage, destruction or fraud concerning the metering devices, without prejudice to all other rights that lessor has in this
regard towards lessee, such as the right to repair or replace the metering devices and the right to compensation for damage incurred.
Costs of consumption
15. The costs of consumption of water, gas, electricity and other energy, including the costs of entering into a contract for delivery and lease of the
relevant metering device, as well as the costs associated with the delivery of video, audio and other signals, will be for account of lessee, also in the
event that these are billed by the supplier to the lessor.
Lessee shall be obliged to adhere to the rules and regulations of the relevant agencies and must tolerate placing and reading of metering devices for
his account. Penalties, expenses and damage caused by or due for actions of lessee contravening the regulations regarding these facilities will be
charged to lessee.
Payments
16. The payment of the lease price and of all that will be due under this contract will be made no later than on the due date in Dutch legal tender –
without suspension, rebate, deduction or offsetting against a receivable that lessee has or feels he has on lessor, subject to the case as provided in
article 7:206 sub-clause 3, Dutch Civil Code –by means of a deposit or transfer into an account to be defined by lessor. Lessor shall be free to
introduce a change, by means of a written communication to lessee, in the place or method of payment. Lessor shall be entitled to decide from which
outstanding receivable under the lease contract a payment he has received from lessee will be deducted, unless at the time of payment lessee
explicitly indicates otherwise. In last-mentioned event, the provisions in article 6:50 Dutch Civil Code shall not apply.
Severalty, co-lease
17.1 If several persons have jointly entered into a lease contract, they shall consistently be severally, and each individually for the whole, liable
towards lessor for all obligations ensuing from said lease contract. Delay of payment or remission afforded by lessor to one of the lessees, or an offer
to afford such, shall apply only to that lessee.
17.2 For a person who has jointly with one or several others entered into and signed the lease contract with lessor whereby the situation does not
involve statutory medehuurderschap (co-tenancy) his huurderschap (tenancy) shall not end as a result of him conclusively leaving the leased object.
Also in this event he will remain severally liable for the obligations under the lease contract. A contractual co-tenant (joint lessee) can terminate the
lease contract through cancellation only when he does so jointly with the other lessee(s).
17.3 When entering into the lease contract, lessee must report to lessor whether he is married or, as the case may be, has entered into a registered
partnership. Lessee will state the particulars of his partner to lessor. If he marries after he has entered into the lease contract or, as the case may be,
into a registered partnership, he will forthwith report this in writing to lessor stating the particulars of the partner.
17.4 The obligations under the lease contract shall be several, also for heirs and other beneficiaries of lessee.
Change in lease price
18. If the leased object concerns stand-alone living accommodation with a liberalised lease price:
-the annual lease price change will occur on the basis of the change in the monthly index figure in accordance with the consumer price indexation
(CPI), series all households (2000=100), published by the Central Bureau for Statistics (CBS);
-the changed lease price will be calculated by the formula: changed lease price is equal to the applicable lease price on the change date, multiplied by
the index figure of the fourth calendar month that is before the calendar month in which the lease price is adjusted, divided by the index figure of the
sixteenth calendar month that is before the calendar month in which the lease price is adjusted;
-the lease price will not be changed if the adjustment leads to a lower lease price than the most recently valid one, whereby in such an event the most
recently valid lease price will remain unchanged until at a subsequent indexation the index figure of the calendar month that is four calendar months
before the calendar month in which the lease price is adjusted is higher than the index figure of the calendar month that is four calendar months
before the calendar month in which the most recent lease price adjustment occurred. At such a time, in the event of this lease price change, the index
figure will be applied of the calendar month that is four months, sixteen months, respectively, before the calendar month in which the lease price is
adjusted;
-an optimally comparable index figure will be applied if the CBS ceases publication of intended price index figure, or changes the basis of its
calculation and, in the event of a difference of opinion in this regard, either party can request the Director of the CBS for a ruling that will be binding on
parties. Any related costs will be paid for by parties on a fifty-fifty basis;
-the changed lease price will also apply if the change is not communicated to lessee in a separate notification.
Termination through cancellation
19. Termination of the lease contract through cancellation shall be:
-realised by means of a bailiff’s writ or registered letter and
-effective the day on which a new payment period commences and
-enforced under observance of a notice period.
The notice period shall equal to the duration of the payment period but for the purposes of a cancellation by lessee it shall be no less than a month
and no more than three months, and for the purposes of a cancellation by lessor it shall be no less than three months.
Default I penalty clause
20.1 Lessee shall be in default following simple expiration of a specific period.
20.2 For every event that lessee is in default with timely and full payment of a sum of money he shall owe 1 % interest per month on the principal sum
due, calculated from the due date until the date of full settlement of the principal sum. In this context a portion of a month shall be a full month.
20.3 If either party commits attributable non-compliance with any of its obligations by law and/or under the lease contract and the other party is
consequently compelled to take judicial and/or extra-judicial steps, all ensuing costs shall be for account of the non-complying party.
20.4 In the event that the non-performance concerns the untimely payment of a sum of money and in connection with its collection extra-judicial costs
must be incurred, these are herewith fixed at a minimum of 15% of the amount owed, with a minimum of € 125. In the event that the extra-judicial
collection is realised by a person holding a power of attorney or, as the case may be, a lawyer, these sums will be increased by the value added tax
on the extra-judicial collection costs owed by lessor to this person holding a power of attorney or, as the case may be, this lawyer.
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20.5 The claim to reimbursement of extra-judicial costs will be created only after the non-complying party has been reminded in writing by the other
party, whereby it has been presented with a reasonable period to comply and compliance fails to occur within that period.
20.6 Lessee shall owe lessor an immediately claimable penalty of € 25 per calendar day for each obligation from this contract and its corresponding
general provisions that he fails to perform or violates, without prejudice to his obligation to as yet satisfy that obligation and without prejudice to the
other rights of lessor to damages or otherwise. Abovementioned amount is based on the price level as at 1 January 2003 and will be subject to annual
indexation as from 1 January 2004.
Apartments
21.1 If the building or complex of which the leased object forms a part has been or will be divided into apartment rights, lessee shall observe the
regulations ensuing from the property division deed, articles or rules concerning use. The same will apply when the building or complex is or will
become the property of a cooperative.
21.2 Lessor shall, in so far in his power, not afford his cooperation to the realisation of regulations that contravene the lease contract.
23.3 Lessor will ensure that lessee is handed the regulations concerning use intended here.
Waste products / chemical waste
22. Should directives or regulations have been imposed by the relevant competent agencies or by the authorities with respect to presenting waste
products (in segregated streams) for disposal, lessee shall at all times strictly comply with these instructions.
Failing to comply or complying incompletely with this obligation shall render lessee liable for the ensuing financial, criminal and potentially other
consequences.
Wet Bescherming persoonsgegeven (Privacy Protection Act)
23. When entering into this lease contract lessee grants, by signing it, permission to lessor and (any) trustee to include / process the particulars of
lessee in a file.
Requests
24. Except when granted by lessor at the latter’s personal initiative, lessee can only invoke permission, approval, a statement or an announcement on
the part of lessor if lessee has submitted relevant request in writing and lessor has evidenced his positive response to this request. The permission,
approval or statement of lessor may be subject to terms.
Complaints
25. Lessee will submit complaints and wishes in writing. In urgent cases a complaint can be made verbally, after which lessee will confirm such
complaint in writing as soon as possible.
Trustee
26. Should lessor have appointed a trustee then lessee will reach agreements with the trustee about all things concerning the contract.
Consequences of nullity or defeasibility
27. If a portion of the lease contract or of the general provisions proves null or defeasible, this shall leave intact the validity of the remaining
provisions. At such a time shall be valid as duly contracted, instead of the nullified or null portion, that which statutorily most approximates the clause
that parties could have agreed upon if they had been aware of the nullity or the defeasibility.
Final clause
28. Unless parties have consented or otherwise contracted, total or partial premature dissolution of the lease contract and suspension of the
obligations under the lease contract shall be possible only through the intervention of the Courts.
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