Tenancy Lawyer in the Netherlands

A tenant of independent living space has security of tenure: the landlord can only give notice on the statutory grounds of Article 7:274 of the Dutch Civil Code, and if the tenant does not agree, the landlord must go to court. This protection cannot be contracted away.

Since the Fixed Tenancy Contracts Act entered into force on 1 July 2024, an open-ended contract is again the norm for independent living space; temporary contracts are only permitted in a limited number of defined situations. Sale of the property is not in itself a ground for termination: the buyer steps into the landlord's shoes and the tenancy continues on the same terms. More on tenant rights in the Netherlands.

For a large part of the rental stock the maximum lawful rent follows from the points system, which the Affordable Rent Act extended to the mid-market segment. Disputes about rent level, service charges and maintenance in the regulated and mid-market segments can be put to the Rent Tribunal (Huurcommissie).

The maximum rent then follows from the quality of the property rather than from what the market will bear. Both the rent level and an increase can be put to the Rent Tribunal. Time limits are short, so check the date on the landlord's letter first. Background is in our article on the Affordable Rent Act.

A defect is anything that deprives the tenant of the enjoyment he may expect (Article 7:204 of the Dutch Civil Code). The landlord must repair it on request (Article 7:206), and for as long as a serious defect persists the tenant can ask for a rent reduction (Article 7:207).

Report a defect in writing and keep photographs and correspondence. If the landlord does not repair it, you can ask for a rent reduction for the period the defect lasts. For regulated and mid-market housing the Rent Tribunal is the quickest route; otherwise the subdistrict court decides.

Retail and hospitality space falls under Article 7:290 of the Dutch Civil Code: leases run for five years plus five, and the tenant has substantial protection on termination. Offices, warehouses and practice space fall under Article 7:230a, where protection is limited to a postponement of the obligation to vacate.

Under Article 7:230a the court can extend that postponement by a maximum of three years in total. Which regime applies is decided by the actual use of the premises, not by the label in the contract. That single question often determines the value of a lease, so settle it before signing rather than after notice has been given. See the difference between 7:290 and 7:230a premises and the ROZ model lease.

Only after a judgment and through a bailiff. A landlord may never evict on his own authority: changing the locks or removing a tenant's belongings is unlawful, whatever the arrears.

In summary proceedings the court will only grant eviction where the breach is serious enough to justify it. A judgment in summary proceedings can sometimes be obtained within weeks; a case on the merits takes considerably longer. Which route fits depends on the ground and on the facts, and we tell you that at the outset.

After that we work on an hourly basis, and we agree the rate and the expected effort with you in advance.

Law & More does not work on legal aid (toevoeging). Legal aid exists through the Legal Aid Board (Raad voor Rechtsbijstand), but we do not work on that basis. External costs such as court fees (griffierecht), Rent Tribunal fees and bailiff's fees are charged separately.

Your question may touch on other areas as well. These pages explain how we can help.

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