The Industry Standard Template
The Modelcontract ROZ is a model rental agreement created by the Raad voor Onroerende Zaken (Real Estate Council of the Netherlands), a leading industry association for real estate professionals. This is not an official government document but a template developed by and for the real estate industry. Due to its comprehensive nature and the legal backing of a major industry body, it has become the de facto standard template used by the vast majority of real estate agents, property managers, and professional landlords across the country. When you rent a property through a makelaar, it is highly likely that you will be presented with a contract based on the ROZ model.
The template is designed to be thorough, covering all the standard aspects of a tenancy, from the rental price and deposit to maintenance obligations and house rules. It is regularly updated to reflect changes in legislation and case law. For agents, using the ROZ model is a way to ensure legal compliance and to work with a familiar, standardized document. However, it is crucial for tenants to understand that this contract, while comprehensive, was drafted by an organization representing the interests of property owners and real estate professionals.
The Pro-Landlord Bias
While the ROZ model contract must and does adhere to the mandatory provisions of Dutch rental law, its discretionary clauses and general framing often lean in favor of the landlord. The general terms and conditions appended to the contract are extensive and detailed, and may contain clauses that are more restrictive for the tenant than the law strictly requires, for example regarding cosmetic changes to the apartment or keeping pets. A common point of contention is the inclusion of a high, index-based penalty for each day the rent is late, which can be more severe than the statutory interest rate. Another is the strict definition of the tenant's maintenance responsibilities. While many of these pro-landlord clauses can be challenged in court if they are deemed 'unreasonably onerous,' the burden of doing so falls on the tenant.
A prospective tenant should never assume that because the contract is a 'standard model,' it is inherently fair or balanced. It is a starting point for the agreement, not a non-negotiable text. While a typical tenant in the current competitive market has very little leverage to demand significant changes to the ROZ template, it is absolutely essential to read every clause carefully, especially the appended general conditions. Pay close attention to the clauses regarding the initial fixed term, the diplomatic clause (if applicable), and any penalties. Understanding the pro-landlord tilt of the ROZ model allows you to sign the contract with a clear-eyed view of your rights and obligations.
