Rental contracts in the Netherlands are pro-tenant. However, expats should be extremely careful when signing since rental contracts define both parties’ rights and obligations.
In general, rental contracts in the Netherlands should include:
Please, note that an oral agreement / contract is legally valid but not widely used (mainly for security reasons). Since an oral agreement is more difficult to prove, you should take a witness with you if you want to make an oral agreement.
There are two types of tenancy agreements; a fixed-period or an indefinite period agreement.
Most rental contracts offered as a fixed-period rental contract are, by law, considered indefinite rental contracts with a minimum fixed term. This means that you cannot terminate your contract until the minimum fixed term has lapsed. Often this minimum fixed term will be six to twelve months. Sometimes an escape clause is added in the form of a “diplomats’ clause”: in case you can prove that your employer is relocating you, you may terminate early.
Temporary contracts are allowed for up to two years (independent residences, self-contained) or five years (dependent residences). They cannot contain a minimum fixed term. This means that the tenant must always be allowed to give notice (no longer than one month). These contracts terminate by force of law, although the landlord must remind the tenant of termination at least one month and no longer than three months before the end date. In case the landlord forgets to remind the tenant or in case the contract is extended, it becomes an indefinite term contract by force of law.
Unlike a fixed-period contract, an indefinite rental contract has no end date. However, an indefinite rental contract can be terminated by the landlord if there are legal grounds for termination.
Tenancy agreements in the private sector can be liberalised. If your rent is liberalised, your landlord can basically ask whichever price he wants. If your rent is controlled, the price is regulated by law. It is important that you check the rent value here.
If it is under the rent-controlled liberalisation threshold, you can have your rent lowered to the rent-controlled level from when you first started to pay rent. You need to arrange this within six months of the beginning of the rent. If you are too late, your rent cannot be lowered anymore and stays “liberalised”.
The Dutch civil code states that: "Rent is the agreement, in which one party, the landlord, obligates himself to another party, the tenant, to let him use an object or part of an object, for which the tenant obligates himself to a compensation."
If your rental contract contains a rental price that includes more than the mere use of the real estate, it will be considered an all-in price. In this case, you may ask for a specification and separation of the costs. If a landlord charges you all-in rent, they may be subject to a fine by law. This means you may be able to save a lot of money if you consult with a legal expert.
The Rent Tribunal handles disputes about rent levels, maintenance or service charges. The Rent Tribunal can only handle your dispute if your house falls under social housing. If your house is a so-called free sector house, you will need to handle your dispute in court. However, it is possible for free sector tenants to make use of the Rent Tribunal’s rent assessment service.
As of January 1, 2024, every municipality in the Netherlands will have a reporting point for unwanted rental behaviour. Tenants or people looking for a home can go here (anonymously) to ask questions or submit complaints about the behaviour of their landlord.
If something in your house needs to be fixed, but your landlord is not being responsive or refuses to fix the problem, then there are certain steps that you can take:
In need of legal advice or services in English? Here is a list of expat-friendly Dutch and international law firms, lawyers and advisors in the Netherlands.
Looking for an apartment, houses or room? Check out IamExpat Housing with rental properties all over the Netherlands!
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