Dutch tenancy law: rights and duties of tenants and landlords

Dutch tenancy law protects residential tenants strongly: a landlord can only end a tenancy on a statutory ground and, if the tenant does not agree, only through the subdistrict court (kantonrechter). The main exception is a temporary contract of up to two years, which since 1 July 2024 is only allowed for groups of tenants designated by government decree.

Most rules in Book 7 of the Dutch Civil Code (BW) are mandatory: clauses that depart from them to the tenant’s disadvantage are void or can be annulled. This guide explains the rules on contracts, rent, maintenance, deposits and termination, with a checklist for tenants and one for landlords.

Which type of rental contract can you get?

Since 1 July 2024, a residential tenancy is in principle concluded for an indefinite period. Under Article 7:271(1) BW, even a fixed-term contract does not end automatically when the term expires; it continues until it is lawfully terminated.

A fixed-term contract of two years or less that ends automatically is only possible for tenants in categories designated by government decree (Article 7:271(2) BW). The landlord must then inform the tenant in writing of the end date no earlier than three months and no later than one month before it. If the landlord forgets, the contract continues for an indefinite period. If the same tenant signs a new contract directly afterwards, it counts as an extension for an indefinite period.

What should the contract contain?

A good contract states at least the rent, the service charges, the start date, the duration and the house rules. A deposit may not exceed twice the basic monthly rent (Article 7:261b BW). The landlord must repay it within 14 days after the tenancy ends, or within 30 days if there is damage or unpaid rent to set off, with a written specification of the costs.

What about a “diplomat clause”?

A diplomat clause (diplomatenclausule) lets a landlord who rents out his own home while abroad end the tenancy when he wants to live there again. The court can only rely on it if the clause was expressly agreed with each tenant and the landlord wants to move back in himself (Article 7:274(1)(b) and (2) BW). Other clauses that try to avoid tenant protection have no effect.

How is the rent set and increased?

For many homes the maximum rent follows from the points system (woningwaarderingsstelsel), which scores the property on features such as size, energy label and facilities. The Rent Tribunal (Huurcommissie) can assess whether the agreed rent is reasonable if the tenant asks within six months after the tenancy starts (Article 7:249 BW).

A rent increase without an indexation clause must be proposed in writing at least two months before it takes effect (Article 7:252 BW). The proposal must state the current rent, the increase, the new rent, the start date and how the tenant can object. The government sets annual maximum increase percentages under the Rent Act (Uitvoeringswet huurprijzen woonruimte); an indexation clause that leads to a higher increase is void for the excess (Article 7:248(2)-(3) BW).

What about service charges?

The landlord must give the tenant an itemised statement of the service charges and individually metered utilities each year, no later than six months after the end of the calendar year (Article 7:259(2) BW). Overpaid advance payments must be refunded. Service charges may only cover actual costs; the landlord may not make a profit on them.

Who pays for repairs and defects?

The landlord must remedy defects at the tenant’s request, unless this is impossible or the costs cannot reasonably be expected of him (Article 7:206(1) BW). The tenant pays for minor repairs, such as replacing light bulbs and unblocking drains (Article 7:217 BW).

If the landlord is in default, the tenant may carry out the repair himself and deduct the reasonable costs from the rent (Article 7:206(3) BW). For defects that reduce the enjoyment of the home, the tenant can also claim a rent reduction. He can ask the Rent Tribunal to rule on it if the landlord has not remedied the defect within six weeks of being notified; the request must be made within six months of that notification (Article 7:257 BW).

How can a residential tenancy be ended?

The tenant can give notice at any time, with a notice period equal to the rent payment period: at least one month and at most three months (Article 7:271(6)(a) BW). The landlord’s notice period is three months, plus one month for every full year of tenancy, up to six months (Article 7:271(6)(b) BW).

Notice must be given by bailiff’s writ or registered letter (Article 7:271(4) BW). A landlord’s notice must state the grounds and ask the tenant to say within six weeks whether he agrees; otherwise it is void (Article 7:271(5) BW). If the tenant does not agree, the tenancy continues until the subdistrict court has decided.

On which grounds can the court end the tenancy?

The court can only grant the landlord’s claim on the grounds of Article 7:274(1) BW. The most important are:

• the tenant has not behaved as a good tenant, for example through rent arrears or serious nuisance;
• the landlord urgently needs the home for his own use, and the tenant can obtain other suitable housing; renovation that is impossible without ending the tenancy counts as own use, sale does not;
• the tenant refuses a reasonable offer for a new tenancy of the same home;
• the landlord wants to realise the use assigned to the property in the zoning plan (omgevingsplan);
• a private landlord who lived in the home for at least two years before letting it and lets only one home wants to sell it, subject to further conditions in Article 7:274(7) BW.

Wanting a higher rent or a different tenant is not a ground. A landlord who forces a tenant out by changing the locks or cutting off utilities acts unlawfully; eviction requires a court judgment.

Where do you go with a tenancy dispute?

Disputes about the rent level, rent increases, service charges and maintenance defects go to the Rent Tribunal (Huurcommissie), a low-threshold body for which both parties pay a modest fee. Disputes about termination, eviction, nuisance and arrears go to the subdistrict court, where you may appear without a lawyer.

A decision of the Rent Tribunal binds both parties, unless one of them asks the subdistrict court to rule on the same point within eight weeks after the decision was sent (Article 7:262 BW). Keep copies of the contract, letters, e-mails, photos of defects and payment records: in both procedures, the party with the better file usually has the stronger position.

What should you check as a tenant?

• Is the contract for an indefinite period, and if it is temporary, do you fall in a designated category and did the landlord send the end-date notice on time?
• Is the rent reasonable under the points system? If not, ask the Rent Tribunal within six months of the start (Article 7:249 BW).
• Is the deposit no more than twice the basic monthly rent?
• Did you receive the annual service charge statement within six months after the end of the year?
• Have you reported defects to the landlord in writing, with the date, so the six-week and six-month periods start running?
• Does a notice of termination state a statutory ground and give the correct notice period?

What should you check as a landlord?

• May you offer a temporary contract under Article 7:271(2) BW, and have you diarised the written end-date notice (three to one month before the end)?
• Is the rent within the maximum under the points system and the annual increase cap?
• Does your rent increase proposal meet the requirements of Article 7:252 BW and go out at least two months in advance?
• Do you send the service charge statement within six months after each calendar year?
• Do you return the deposit within 14 or 30 days, with a specification of any set-off?
• Do you have a ground under Article 7:274 BW before giving notice, and do you send it by writ or registered letter?

What can we do for you with Dutch tenancy law?

Our tenancy lawyers assist tenants and landlords of residential property. We can:

• review a draft rental contract against the mandatory rules before you sign;
• check the rent against the points system and draft a request to the Rent Tribunal;
• draft or assess a rent increase proposal or a notice of termination;
• write to the other party about defects, the deposit or service charges;
• represent you before the subdistrict court in a termination or eviction case, or challenge a Rent Tribunal decision within eight weeks.

Read more about tenant rights in the Netherlands.

Summary

• Since 1 July 2024, residential tenancies are in principle for an indefinite period; temporary contracts of up to two years are only for designated groups.
• A landlord can only end a tenancy on a ground in Article 7:274 BW and, without the tenant’s consent, only through the subdistrict court.
• Rent increases must be proposed in writing two months in advance and stay within the legal caps.
• The landlord remedies defects; the tenant pays for minor repairs.
• Rent, service charges and maintenance disputes go to the Rent Tribunal; termination and eviction to the subdistrict court.

Frequently asked questions