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Rent Increases and Void Indexation Clauses in Amsterdam

Automatic rent increases above the index in Amsterdam? Void! Learn rules for objections, refunds, and help from Huurteam Amsterdam. (18 words)

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In Amsterdam, strict rules apply to rent increases under the Good Landlordship Act, especially in the busy rental market. A clause allowing automatic annual increases above the statutory index without the tenant's consent is void (Article 7:247 DCC). The maximum increase follows the rent index of the CBS and may not exceed inflation plus 1% in the case of liberalisation, taking into account Amsterdam's high housing prices. For social housing in neighbourhoods such as Bijlmer or West, the Rent Tribunal must approve the increase. Void provisions such as 'rent follows Amsterdam market developments' are disregarded; only the statutory increase counts. Tenants in Amsterdam can file an objection within six weeks of notification via the Juridisch Loket or Woonbelangen Amsterdam. Proof of overpayment, often in older contracts in the city centre, leads to repayment with 6% interest. Judges at the Amsterdam District Court regularly annul clauses that link service costs, such as parking permits or homeowners' association contributions, to rent increases. Landlords must request written consent for deviations. In case of nullity, the rent remains at the old level until a new agreement. Local organisations such as Huurteam Amsterdam and SP Amsterdam assist with calculations and procedures. Check your contract annually, especially with the stricter enforcement by the municipality of Amsterdam, to submit claims and prevent fines for landlords. (212 words)