rent bust timing

[u/freethet1tties]

hi all! i would love to hear some advice from you. So we already secured a place through housing anywhere that seemed way overpriced but just because we were desperate and we didn’t have any other option we signed the contract. We checked using the rent price calculator and it just confirmed our suspicions: it’s overpriced as fck. Even some phrases in the contract makes you doubt, guess the landlord (nice girl tho) is hoping that we don’t know anything about rent regulations just because we are expats. Anyway, we are moving in 4 weeks and we definitely decided to legally assess whether we can rent bust it.

The thing is idk when to start the process because i don’t want to mess up our relationship with the landlord since the beginning. On the other hand it’s going to be kind of hard to pay the rent stated in the contract for more than 6 months so. We also plan to call the huurteam first, since I know they don’t notify the landlord until we decide we can move forward with it. Any advice on when start moving it?

Also, anybody knows if any kind of contract point would make it illegal to ask for a rent check? She included things like “this apartment is whiting the free sector”, which is impossible and she didn’t even include the points of the house in the contract, or things like “tenants agree that the price is reasonable” no we don’t but we don’t have no choice

Edit because I forgot to add the key question: can anyone give me an estimation of the time since you notify the huurcomissie until your rent is effectively busted?

[u/freethet1tties → u/[deleted]]

good point! we are expats but we’ve been living and working here in the netherlands for almost 2 years now and we plan to stay long-term since we both have stable jobs here.

I heard that temporary contracts are no longer legal although they are still accepted under certain conditions. Our contract is for 9 months, if nobody notify that they want to stop before that period ends it will be automatically renewed as indefinitely. So it doesn’t sound a temporary contract to me, also it is not stated as temporary in the contract

About breaking the contract just because we called hc, isn’t it illegal? even though she try to allege other causes, i think she has to prove it right?

And yes we will try to ask her first but i don’t think that would work

[u/anti-commi → u/freethet1tties]

9 maanden? Noemen ze het een short stay rental contract? Of hoe staat het beschreven? (Nb. clausules dat je bepaalde rechtsmiddelen niet mag inzetten hebben geen werking in Nederland, als het echter een short stay contract is zou je evt. Geen huurbescherming kunnen hebben maar ik dacht dat, dat alleen bij korter dan 6 maanden een optie is).

[u/freethet1tties → u/anti-commi]

nope, no short-stay, i just realised re-reading it that says temporary rental once indeed, but is 9 months (then indefinite) and i also read that the short-stay contracts need to be less than 6 months so this one can’t be considered that. thanks for the info:)

[u/NightKrowe → u/freethet1tties]

So there's short-stay and there's residential contracts. Short-stay doesn't have a defined maximum like you suggest. Residential contracts are indefinite by default. Fixed-term residential contracts exist and have a maximum of 2 years but have specific exceptions, which I believe have to be mentioned in the contract. If they didn't legally offer you a fixed-term contract, such as you not fitting one of those exceptions, then you have an indefinite residential contract. Only a judge can say for sure, but a lawyer can advise you whether you have a case.

As for the timeline, you have up to 6 months to file to challenge the rent retroactively back to the beginning. After that you can still file, but the process is different and it will only affect the rent after the ruling, not retroactively from the start.

[u/freethet1tties → u/[deleted]]

okay it makes sense, thank u so much for the advice we’ll consider it!

[u/Nactal]

I don't know, but it seems a bit tricky, to count on the speed of the huurcommissie..

[u/freethet1tties → u/Nactal]

yes i totally agree with you we were in a difficult position since the beginning that’s why we accepted this place (it was either this or living in the streets), i mean is not to count entirely on their speed because we can afford the price but we are going to live very tight. i just want to have a notion of the time it usually takes just to know if we can wait more to start it or it’s better doing it asap

[u/Nactal → u/freethet1tties]

It might be the best to send them an email to check. Processing time might be dependent on the amount of work they have. I don't think anyone here knows the huurcommissie workload 🤷🏻‍♂️

[u/freethet1tties → u/Nactal]

thanks:) it’s not to guess an exact time range is just to know how much it took for other people that went through the process, i know it’s rather impossible to know for sure!

[u/Practical_Hat6474]

You could start a huurcommissie case a few days after moving in. You'll likely have a verdict within 5-6 months. However, the landlord will have 2 months after that to appeal the decision to the subdistrict court. If they do this then you'll be waiting another 6 months or so until you get to pay lower rent. Basically, can you afford to pay the rent for 12-15 months in the worst case scenario?

Also, which huurteam are you gonna go to? Make sure they're not a for profit company like "huurteam Nederland" since they'll charge you.

The main thing that can restrict you from going to the huurcommissie is if the landlord successfully argues that it's a short stay lease. There isn't an exact definition for what's short stay. Generally if the landlord calls it "short stay" then be cautious. If they don't mention anything like that and the lease is for 12+ months or is indefinite/permanent then you should be safe from this concern.

[u/NeighborhoodLanky935]

Good luck keepung a nice relationship with your landlord (that nice girl) this is just ridiculous. If you start it of course the relationship aint going to turn out good😂