Rental Market Flow Act in Rijswijk
The Rental Market Flow Act is a major legislative change that makes the rental market in the Netherlands, including Rijswijk, fairer and more accessible for local residents. It imposes stricter limits on temporary rental contracts, more clearly separates rental sectors, and addresses high rental prices. The aim is to promote turnover, making it easier for first-time renters in Rijswijk to find affordable housing and easing pressure on the local market, particularly near The Hague.
What does the Rental Market Flow Act mean for Rijswijk?
This act, part of the Good Landlordship Act, has been in effect since July 1, 2023, and amends the Dutch Civil Code (DCC) to tackle rental market issues. It restricts temporary contracts, more sharply defines the mid-range and private sectors, and protects tenants in Rijswijk from exorbitant rents and unfair practices. Landlords face greater responsibilities, while tenants in this commuter city are better safeguarded against instability. For Rijswijk residents, where demand for rentals is high due to proximity to The Hague, it helps relieve the social housing sector.
The act responds to the national housing crisis but has direct impact in Rijswijk, where affordable options are scarce. By regulating temporary contracts, the government prevents prolonged uncertainty for tenants and overuse of social housing. This article follows our overview of temporary rental contracts and highlights the local implications for Rijswijk.
Legal basis
The act is codified in Book 7 of the Dutch Civil Code, Articles 7:232 to 7:271 DCC. Key changes include:
- Article 7:232(1) DCC: Temporary contracts only in exceptional cases, such as vacancy or renovation in Rijswijk. Standard is an indefinite-term contract, unless there is compelling interest.
- Article 7:249 DCC: For the private sector in Rijswijk, base rent exceeds €1,123 (2024), but only if income is more than 1.2 times the social minimum.
- Article 7:268 DCC: Landlords must comply more strictly with rules, such as obtaining a permit for room rentals from the Municipality of Rijswijk, with fines for illegal subletting.
The Financial Supervision Act (Wft) is amended to curb rent allowance abuse. The Rent Assessment Committee plays a larger role in rent controls under Article 7:247 DCC, which is relevant for tenants in Rijswijk.
Transitional provisions
For existing contracts in Rijswijk, transitional provisions apply: temporary agreements before July 1, 2023, run until their end, but extensions follow the new rules. This minimizes disruptions but requires landlords to make adjustments.
Practical examples for Rijswijk
Suppose you are a first-time renter in Rijswijk leasing an apartment for €1,200 per month. Previously, the landlord could offer a two-year temporary contract. Now, they must prove the temporary nature, such as due to demolition plans in the neighborhood. Otherwise, you get an indefinite contract with eviction protection via the District Court of Rijswijk.
Another case: a family with a mid-range income (€45,000 per year) seeks a €900 rent property in Rijswijk. This falls under the regulated sector (up to €808 in 2024), but for 'mid-range rent' (between €808 and €1,123), prices may be higher. Tenants can challenge this with the Rent Assessment Committee for a lower rent.
For landlords: anyone renting out rooms in Rijswijk must apply for a permit from the Municipality of Rijswijk. Without it, fines up to €21,750 per violation loom, similar to prior cases of illegal rentals in the region.
Rights and obligations of tenants and landlords in Rijswijk
Rights of tenants:
- Automatic conversion to indefinite term unless temporariness is proven.
- Option for rent review via the Rent Assessment Committee if the price is excessive.
- Protection against income or origin discrimination in allocations in Rijswijk.
Obligations of tenants:
- Disclose income transparently for mid-range rent applications.
- No subletting without landlord consent.
- Contribute to minor maintenance of the property.
Rights of landlords:
- Free pricing in the private sector, as long as market-conform in Rijswijk.
- Termination for non-payment or nuisance, reviewed by the District Court of Rijswijk.
- Deduction of sustainability costs from the rent.
Obligations of landlords:
- Use of a statutory model contract.
- Provide annual service charge overview.
- Registration in the landlord register if more than 50 properties.
These rules balance the market, but disputes in Rijswijk often end up with the district court judge at the District Court of Rijswijk. For free advice: contact Het Juridisch Loket Rijswijk.
Comparison of rental sectors in Rijswijk
| Sector | Rent cap (2024) | Regulation | Example in Rijswijk |
|---|---|---|---|
| Social housing | Up to €808 | Points system, Rent Assessment Committee review | Housing corporation apartment for low-income earners in Rijswijk |
| Mid-range rent | €808 - €1,123 | Limited increases, income-based | Private property for mid-income near the center |
| Private sector | Above €1,123 | Free pricing, no allowance | Luxury studio in Rijswijk-West |
Frequently asked questions for Rijswijk
Can I still extend my temporary rental contract after July 1, 2023?
No, extensions are only possible for new exceptions, such as vacancy or seasonal work. Otherwise, it becomes permanent. Consult the Rent Assessment Committee or Het Juridisch Loket Rijswijk for personal advice.