Special thanks to Sehdou Advocatuur for providing this article.
Renting out or renting a residential property is more than merely signing a contract. Both tenants and landlords have clear rights and obligations in the Netherlands. Knowing these helps to prevent many misunderstandings and disputes.
This article outlines the most important rules and recent legislative changes regarding the rights and obligations of both tenants and landlords in the Netherlands.
Recent Legislation in Tenancy Law
In recent years, tenancy law has undergone significant changes. For tenants and landlords, the following statutes are of particular importance:
- Good Landlordship Act – prohibits discrimination and unfair practices, and grants municipalities broader powers to act against abuses in the local rental market.
- Fixed-Term Tenancy Act – since 2024, most temporary tenancy agreements have been largely abolished; indefinite tenancies are once again the standard.
- Affordable Rent Act – extends the points system, meaning that many mid-market rental properties are now also subject to rent control.
Basic Rules
Residential tenancy agreements fall under Book 7 of the Dutch Civil Code. Although such contracts do not need to be in writing, a written agreement is strongly recommended. A sound tenancy agreement should, at a minimum, include:
- the rent and any service charges
- commencement date and duration
- provisions regarding the security deposit
- arrangements for maintenance and repairs
- notice periods
- any applicable house rules
Two Types of Rental Properties, Three Types of Tenancy Agreements
In the Netherlands, there are two categories of rental properties:
- Social housing – a points system caps rents. If the tenant meets the (income) requirements, housing benefit may be available.
- Private sector housing – properties exceeding the points threshold and therefore outside social housing. In this segment, the rent may, in principle, be freely determined by the landlord.
There are three types of tenancy agreements:
- Indefinite term: the standard form. The tenant may remain as long as contractual obligations are met. The landlord may terminate only on statutory grounds.
- Temporary tenancy: since 2024, permitted only in exceptional cases, intended to provide tenants with greater security.
- Lodger’s agreement (hospitaverhuur): renting out a room in the landlord’s own home.
Tenant’s Rights and Obligations in the Netherlands
Tenants enjoy a range of statutory protections, balanced by specific obligations.
One of the most important rights is security of tenure. The landlord cannot simply terminate the tenancy; termination is permitted only on statutory grounds, such as urgent personal use, demolition, or serious default by the tenant (e.g., persistent nuisance or non-payment of rent). If the tenant disputes the termination, the matter may be contested in court, where a judge will make the final decision.
Tenants are also entitled to privacy and quiet enjoyment: the landlord may not enter the premises without the tenant’s consent or without reasonable prior notice, except in emergencies.
Tenants also benefit from rent control in social housing and, increasingly, in the mid-market segment. If a tenant suspects that the rent is excessive, the matter can be submitted to the Rent Tribunal (Huurcommissie).
Tenants also have a right to adequate maintenance: major repairs and structural maintenance are the landlord’s responsibility (roof, façade, heating installation, plumbing, serious leaks or mould). Tenants must promptly report defects and allow reasonable access for repairs.
In return for these rights, tenants are subject to obligations. The primary duty is to pay rent on time, including service charges as applicable. Persistent late payment may ultimately result in the judicial termination of the tenancy.
Tenants must also act as good tenants, meaning the proper use of the residential property, avoiding damage, refraining from nuisance, and returning the premises in comparable condition at the end of the tenancy, except for everyday wear and tear.
Minor maintenance, such as replacing light bulbs, cleaning, garden upkeep, and small interior painting, is the tenant’s responsibility. For significant alterations (e.g., installing a new kitchen or flooring), the landlord’s prior written consent is required.
Subletting is generally prohibited without the landlord’s express permission. Unauthorized subletting may result in a fine or termination of the tenancy.
Landlord’s Rights and Obligations in the Netherlands
Landlords are entitled to timely and full payment of rent. They may also inspect the premises periodically, provided they give reasonable prior notice and consult with the tenant.
They may terminate the tenancy, but only on statutory grounds, such as urgent personal use, demolition, or serious default by the tenant. In the case of an indefinite tenancy, termination requires judicial approval, and the reason must be sufficiently weighty.
Strict obligations also bind landlords, the foremost being the duty of maintenance: the residential property must be kept in good and safe condition, including major structural works (such as the roof, façade, foundation, heating installation, and plumbing).
They must also respect the tenant’s privacy; unannounced entry or monitoring is prohibited.
Discrimination is strictly forbidden: landlords may not discriminate against tenants based on ethnicity, skin colour, religion, or similar grounds.
At the outset, landlords may generally request a security deposit, typically one or two months’ rent, which must be refunded at the end of the tenancy unless there are arrears or damages.
Disputes
In case of disputes, it is advisable to attempt an amicable resolution first. Failing that, the following options are available:
- Rent Tribunal: handles disputes concerning rent levels, service charges, and maintenance (particularly in regulated tenancies).
- Court: for more complex matters or terminations.
Conclusion
Dutch tenancy law affords tenants strong protection while imposing clear obligations on landlords. With recent legislative changes, the tenant’s position has been further reinforced: indefinite contracts have been reinstated as the standard, and more residential properties now fall under rent control.
Would you like to know more about your rights and obligations as a tenant or landlord in the Netherlands? Sehdou Advocatuur is here to help you navigate your legal options.