A Rare and Risky Model: 'Staffelhuur'
A 'graduated lease', known in Dutch as a staffelcontract or staffelhuur, is a rental agreement where the rent increases by specific, predetermined amounts at fixed future dates. For example, the contract might state that the rent is €1,500 in year one, will automatically increase to €1,550 in year two, and €1,600 in year three. This is fundamentally different from an index-linked lease, as the increases are fixed absolute amounts, not percentages tied to inflation. This type of lease structure is very uncommon for residential properties in the Netherlands and is generally viewed with suspicion by legal experts and the Huurcommissie (Rent Tribunal).
Legal Scrutiny and Problems
Graduated leases are legally problematic for several reasons. 1. Conflict with Rent Control: In the regulated (social) sector, such a contract is illegal if any of the predetermined 'steps' (staffels) would cause the rent to exceed the maximum legal rent (maximale huurprijs) allowed for the property at that time. 2. Lack of Transparency: It disconnects the rent from actual economic conditions like inflation. A tenant could be locked into a large fixed increase in a year where inflation is zero or negative. 3. Potential for Unreasonableness: In the free sector, while not explicitly forbidden, a graduated increase could be challenged as an 'unreasonable term' (onredelijk beding) in a contract, especially if the steps are large. The standard, legally safer, and more accepted method for rent increases is the annual indexation based on the CPI.
A Red Flag for Tenants
Given the legal complexities and potential for unfairness, a tenant who is offered a graduated lease should be extremely cautious. It is a non-standard contract that deviates from the accepted norms of the Dutch rental market. It is highly advisable to have any staffelcontract reviewed by a specialized rental lawyer or the Juridisch Loket before signing. The standard CPI-adjusted lease provides far more predictability and protection for the tenant.
