Tenancy Lawyer in the Netherlands

Renting in the Netherlands is governed by Book 7 of the Dutch Civil Code, and the rules differ sharply depending on what is being rented and to whom. Residential tenants enjoy far-reaching protection that cannot be contracted away. Business premises fall into two regimes with very different outcomes. Most disputes we see begin with a clause that was never tested against those rules.

What is at stake

For a residential tenant, the question is usually whether the landlord may end the tenancy at all, whether the rent is lawful, and what happens to deposits and maintenance. For a landlord, it is whether the contract holds up, how to deal with arrears or nuisance, and how long a court route will take. For a business, the stakes are the term, the renewal rights and whether the premises can be kept at all once the lease ends.

Residential tenancies

A tenant of independent living space has security of tenure. The landlord cannot simply give notice: termination is only possible 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. 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.

Rent is regulated as well. The Affordable Rent Act extended the points system to the mid-market segment, so that for a large part of the rental stock the maximum lawful rent follows from the quality of the property rather than from what the market will bear. Disputes about rent level, service charges and maintenance in the regulated and mid-market segments are heard by the Rent Tribunal (Huurcommissie) rather than by the civil court.

A defect within the meaning of article 7:204 is anything that deprives the tenant of the enjoyment he may expect. 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).

Business premises: two regimes

Retail and hospitality space falls under article 7:290 and following: 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, which the court can extend 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, which is why it is worth settling before signing rather than after notice has been given.

Eviction

A landlord may never evict on his own authority. Changing the locks or removing a tenant’s belongings is unlawful, whatever the arrears. Eviction requires a judgment and enforcement by a bailiff, and in summary proceedings the court will only grant it where the breach is serious enough to justify it.

What we do

We review and draft residential and commercial leases, advise on rent level and indexation, act on arrears, nuisance and termination, conduct proceedings before the civil court and the Rent Tribunal, and advise on defects, service charges and deposits. We act for landlords and for tenants, including international tenants and companies leasing space in the Netherlands.

What it costs

An introductory conversation is free of charge. A single advisory meeting, without further steps, costs 300 euro including VAT. For further work we charge an hourly rate of 250 to 350 euro excluding VAT for a lawyer and 300 to 400 euro excluding VAT for a partner, depending on the complexity of the matter. Law & More does not work on the basis of government-funded legal aid.

Direct contact

Send the lease and the correspondence to info@lawandmore.nl and we will tell you where you stand and what the realistic options are. Our offices are in Eindhoven, with a visiting location in Amsterdam, and we work throughout the Netherlands.

Background on the individual subjects can be found in our articles on tenant rights in the Netherlands, rent increases, deposits and service charges, eviction, the Affordable Rent Act and open-ended rental contracts. For business premises, see the difference between 7:290 and 7:230a premises and the ROZ model lease. For the wider picture, see our guide to real estate law in the Netherlands and our real estate lawyers.

Frequently asked questions

Can my landlord end my tenancy because he wants to sell the house?

Sale in itself is not a ground for termination of a residential tenancy. The sale does not break the lease: the buyer steps into the landlord’s shoes and the tenancy continues on the same terms.

My rent was increased. Can I challenge it?

In the regulated and mid-market segments the maximum rent follows from the points system, and both the level and the increase can be put to the Rent Tribunal. Time limits are short, so it is worth checking the date on the letter first.

I rent an office. Do I have the same protection as a shop?

No. Offices fall under article 7:230a, which gives a postponement of the obligation to vacate rather than a right to continue the lease. Shops and hospitality premises fall under article 7:290 and are protected far more strongly.

The landlord will not repair a serious defect. What can I do?

You can demand repair and, if the defect seriously reduces the enjoyment of the property, ask for a reduction of the rent for the period it lasts. For regulated and mid-market housing the Rent Tribunal is the quickest route.

How long does an eviction procedure take?

That depends on the ground and on whether summary proceedings are appropriate. A judgment in summary proceedings can sometimes be obtained within weeks; a case on the merits takes considerably longer. We will say at the outset which route fits the facts.