Rent Price Protection and Indexation in Amsterdam: Practice Cases
Rent price protection in Amsterdam limits indexation to 5.3% (2024). Objection to excess via Rent Tribunal for repayment, with local points system and WOZ check. (24 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Amsterdam, the Rent Act (art. 7:247 DCC) protects tenants against excessive rents in a tight market. Liberalisation threshold 2024: €879.66; below this amount, the strict Amsterdam points system applies, adjusted to high WOZ values in neighbourhoods such as De Pijp and Oud-West. Landlords may annually index by a maximum of 5.3% (2024), provided it is announced in writing at least one month in advance. Excess renders the indexation null and void. Tenants in Amsterdam can file an objection with the Rent Tribunal within 4 months; local branches process many cases from the city. For income-dependent rent in the social sector (art. 7:250 DCC), additional protection applies, crucial for Amsterdammers with low incomes. Consequences of excess: repayment of surpluses plus statutory interest. Example: excessively high service charges (max. €5.50/m²) in Amsterdam complexes are often separated after review. Tips for Amsterdammers: check WOZ value via the municipal website and energy label for accurate points calculation, especially for canal houses. For new tenancies, the price may not exceed a 'reasonable' threshold, assessed based on luxury, location and Amsterdam market pressure. Disputes start with binding advice from the Rent Tribunal, followed by the Amsterdam district court. Indexation clauses without statutory cap are unfair (art. 6:236 DCC). Low earners: apply for rent allowance via the Tax Authorities. Landlords: avoid sanctions with transparent specification, taking into account the local Housing Market Regulation. Recent legislative amendment (Housing Tenancy Act) addresses abuse of landlords' levy, relevant for Amsterdam investors. Thus, the law balances tenant interests in the city and prevents usury rents. Document everything digitally for evidence at the Rent Tribunal. (248 words)