Dutch tenancy law: key rules for residential landlords and tenants

Dutch tenancy law protects residential tenants strongly: since 1 July 2024 a lease of independent living space is in principle concluded for an indefinite period, and the landlord can only end it on a statutory ground and, if the tenant does not agree, through the subdistrict court (kantonrechter). The main exception is a temporary lease of at most two years for specific groups designated by government decree, such as students.

On the same date the Affordable Rent Act (Wet betaalbare huur) extended the points system for maximum rents to the mid-market segment. This article explains the current rules on duration, rent, service costs, maintenance and termination, and what landlords and tenants should check.

How long does a Dutch residential lease last?

Under Article 7:271(1) of the Dutch Civil Code (BW), a fixed-term residential lease does not end automatically when the term expires; it continues and can only be terminated by notice. Since the Fixed-Term Tenancies Act (Wet vaste huurcontracten) took effect on 1 July 2024, temporary leases for independent housing are in principle no longer possible.

The exception in Article 7:271(2) BW covers leases of two years or less to categories of tenants designated by order in council. For those leases the landlord must 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 fails to do so, the lease continues for an indefinite period. Leases concluded before 1 July 2024 keep the rules that applied when they were signed.

How is the maximum rent determined?

The maximum rent follows from the housing valuation system (woningwaarderingsstelsel), which awards points for features such as floor area, energy label and facilities. Since 1 July 2024 this system applies not only to social housing but also to the mid-market segment. The point thresholds and maximum rents are adjusted every year, so check the current figures on government.nl.

A tenant can ask the Rent Tribunal (Huurcommissie) to assess the agreed starting rent within six months after the start of the first lease of that home (Article 7:249 BW). Our article on the Affordable Rent Act explains the points system and rent levels in detail.

What about service costs and the deposit?

Service costs and utility costs are owed as agreed (Article 7:259 BW). If landlord and tenant disagree, either can ask the Rent Tribunal to decide; the request concerns one period of at most twelve months and must be made within 24 months after the deadline for the landlord’s annual overview (Article 7:260 BW).

A deposit may not exceed twice the basic monthly rent (Article 7:261b(2) BW). The landlord must repay it within 14 days after the lease ends, or within 30 days if there is damage, after deducting the proven repair costs.

Who is responsible for maintenance and repairs?

The landlord must remedy defects at the tenant’s request, unless this is impossible or requires costs that cannot reasonably be expected (Article 7:206 BW). The tenant pays for minor repairs (kleine herstellingen), such as replacing tap washers or light switches (Article 7:217 BW), and must behave as a good tenant (Article 7:213 BW).

A tenant who reports a defect that the landlord does not repair can ask the Rent Tribunal for a temporary rent reduction, or claim repair before the subdistrict court. Report defects in writing and keep copies, because the date of the report matters for any reduction.

How can a residential lease be terminated?

A tenant can give notice at any time, by registered letter or bailiff’s writ, with a notice period equal to the rent payment period: at least one month and at most three months (Article 7:271(4) and (6) BW). The landlord must give at least three months’ notice, plus one month for each year of tenancy, up to six months.

The landlord’s notice must state the grounds, and only the grounds in Article 7:274(1) BW are valid, such as the tenant not behaving as a good tenant or urgent personal use of the property. The tenant is asked to respond within six weeks; if the tenant does not agree, the lease continues until the subdistrict court has ruled (Article 7:272 BW).

What should you check as a landlord?

• Whether a new lease is for an indefinite period or meets the conditions of Article 7:271(2) BW.
• Whether you send the end-date notice for a temporary lease between three months and one month before expiry.
• Whether the rent stays within the maximum under the points system.
• Whether the deposit is no more than twice the basic monthly rent.
• Whether your annual service cost overview is complete and on time.
• Whether your notice states a valid ground under Article 7:274(1) BW.

What should you check as a tenant?

• Whether your temporary lease really falls under a designated category; otherwise it is indefinite.
• Whether you are still within six months of the start of your first lease to challenge the rent.
• Whether service costs match the annual overview.
• Whether defects have been reported in writing with the date.
• Whether you have responded within six weeks to a landlord’s notice.

What can we do for you with tenancy law?

Our tenancy lawyers assist landlords and tenants:

• We review or draft your lease against the rules in force since 1 July 2024.
• We assess whether a temporary lease is valid or has become indefinite.
• We check the rent against the points system and prepare a Rent Tribunal application.
• We draft or assess a notice of termination and its grounds.
• We conduct eviction or repair proceedings before the subdistrict court.

Summary

• Since 1 July 2024 residential leases are in principle for an indefinite period.
• Temporary leases of at most two years are allowed only for designated categories of tenants.
• Mid-market rents are now also capped by the points system; tenants can challenge the starting rent within six months.
• The deposit is limited to twice the basic monthly rent.
• A landlord can only terminate on a statutory ground and, without the tenant’s consent, through the court.

Frequently asked questions