Residential rent protection (huurbescherming woonruimte)

Dutch tenancy law protects residential tenants strongly. A lease can only be brought to an end by the landlord on grounds listed in the Act, and even then the tenancy continues until the tenant agrees or the court terminates it. Since 1 July 2024 an indefinite-term lease is again the norm.

Statutory basis

The core rules are in title 7.4 of the Civil Code, with the grounds for termination in article 7:274. The Fixed Tenancy Contracts Act restored the indefinite lease as the standard from 1 July 2024 and left a short list of exceptions for defined groups, such as students, people in temporary work or renovation housing and certain successors. The Affordable Rent Act, in force from the same date, extended the mandatory points system to the middle segment and made a rent above the points maximum challengeable at any time.

How it works in practice

Termination by the landlord requires notice by registered letter, a statutory notice period and a ground: urgent personal use, refusal of a reasonable new offer, a demolition or renovation plan that cannot be carried out with the lease continuing, or serious default by the tenant. Rent disputes in the regulated segment go to the Rent Tribunal rather than the courts, and municipalities enforce the rent cap and the landlord conduct rules under the Good Landlord Act.

Where it goes wrong

Landlords still use fixed-term contracts outside the permitted exceptions. The result is not a shorter tenancy but a permanent one: the term is invalid and the lease continues indefinitely. A second frequent error is renovation. Work that is presented as renovation but amounts to demolition, or a rent increase proposal that is not reasonable, will not support termination. Third, a landlord invoking urgent personal use must show a genuine need and arrange suitable alternative accommodation.

Related terms

Retail business premises lease, apartment right and environmental permit.

Do you want to end a tenancy, or is your rent above the points maximum? Our real estate lawyers assess the position for landlords and tenants.