The Tenancy Agreement With Guarantor is a specialized legal document designed for use in the Netherlands when a landlord requires additional security for a residential tenancy. This type of agreement is commonly used in situations where the tenant's financial credentials alone may not satisfy the landlord's requirements, such as in student housing, first-time renters, or where the tenant has limited credit history. The document combines standard Dutch residential tenancy provisions with specific guarantorship clauses, ensuring compliance with both Dutch tenancy law and guarantorship regulations under the Burgerlijk Wetboek. It provides comprehensive coverage of all aspects of the tenancy while establishing clear obligations and liabilities for the guarantor, who agrees to assume responsibility for the tenant's obligations if the tenant defaults.
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1. Parties: Identification of the landlord, tenant(s), and guarantor, including full legal names, addresses, and contact details
2. Background: Context of the agreement, including brief description of the property and purpose of the guarantee
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the rental property, including address and any included furnishings or facilities
5. Term and Commencement: Duration of the tenancy, start date, and any initial term requirements
6. Rent and Payment Terms: Rental amount, payment schedule, methods of payment, and deposit details
7. Utilities and Service Charges: Responsibility for utilities, service charges, and other additional costs
8. Tenant Obligations: Responsibilities and obligations of the tenant during the tenancy
9. Landlord Obligations: Responsibilities and obligations of the landlord during the tenancy
10. Guarantor Obligations: Scope and extent of guarantor's liability and responsibilities
11. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements
12. Use of Property: Permitted use of the property and any restrictions
13. Insurance: Insurance requirements for both landlord and tenant
14. Termination: Conditions and procedures for ending the tenancy
15. Notices: How formal communications between parties should be made
16. Governing Law: Specification of Dutch law as governing law and jurisdiction
1. Pets: Rules regarding keeping pets in the property - include when pets are permitted
2. Subletting: Terms for subletting or assignment - include when subletting might be permitted
3. Break Clause: Conditions for early termination - include for longer-term agreements where early termination might be needed
4. Parking: Rules and arrangements for parking - include when parking spaces are available
5. Garden Maintenance: Responsibilities for garden upkeep - include when property has outdoor spaces
6. Common Areas: Rules for use of shared facilities - include for apartments or shared buildings
7. Energy Performance: Details of energy performance certificate - include when property is in a regulated category
8. Housing Permit: Details of housing permit if required - include in municipalities requiring permits
1. Schedule 1 - Inventory: Detailed inventory of furnishings and their condition at the start of tenancy
2. Schedule 2 - Property Condition Report: Detailed description of property condition at the start of tenancy
3. Schedule 3 - House Rules: Specific rules and regulations for the property or building
4. Schedule 4 - Payment Schedule: Detailed breakdown of rent, deposit, and other payments
5. Schedule 5 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities
6. Appendix A - Property Photos: Photographic evidence of property condition at start of tenancy
7. Appendix B - Energy Performance Certificate: Copy of current energy performance certificate
8. Appendix C - Floor Plan: Detailed floor plan of the property
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