Tenant rights in the Netherlands and the deliberate and systematic abuse by landlords

Are you a Dutch person just starting your first rental agreement, or a student paying too much for a room in a student campus, or a young professional who prefers renting for its flexibility, or an expat planning to live for some time in the Netherlands? Then this article is for you and anyone else who rents.

First, we will review some general information about the Dutch housing market. Next, we will examine common challenges faced by renters, outline their legal rights, discuss remedies in cases of abuse, and finally explore how collective action can promote a more equitable society.

More than 4 in 10 Dutch homes are rental properties. Despite the large number of people who rent their homes, most tenants do not fully understand their rights and are often taken advantage of by their landlords. Approximately 66% (2.3 million homes) are owned by housing associations, while the remaining 34% (1.2 million homes) are owned by other types of landlords. Regardless of the ownership type, most tenants seem to face the same problems: tenants’ rights are being violated, and the state is failing to protect them.

The Rent Tribunal (in Dutch: Huurcommissie), the official government body responsible for addressing landlord abuses, is understaffed and overwhelmed with tenant requests. As a result, disputes take too long to resolve, and many tenants eventually give up. The Rent Tribunal (in Dutch: Huurcommissie) is doing great work, but needs more resources to keep up with the requests. They need to be enabled further and tenants need further protection from abuse. 

DiEM25 in the Netherlands condemns the government’s failure to protect the vulnerable groups living in the Netherlands and aims to support tenants in their struggles against abusive landlords.

Some of the most common struggles tenants face include:

  1. Rent increases at the end of the calendar year or under a new tenancy agreement (while only changes in July are allowed)
  2. Higher rents that are not in line with the Dutch points system.
  3. Defects that are partially fixed or not repaired at all.
  4. Contracts with fixed-term (which are no longer legal in the Netherlands).
  5. Black mold on walls, furniture and flooring that is not addressed for extended periods of time.
  6. Pests nuisances
  7. Charges for services that are not covered by the contract or that are not previously agreed with the tenant.
  8. Incorrect annual settlements of service charges.
  9. Inadequate separation of all-in rent into basic rent and service charges.
  10. Delaying, partially paying or not paying the deposit back at the end of the contract
  11. Unilaterally canceling the rental agreement, or tenants being evicted because the landlord is selling the property.
  12. Landlords entering the rented property without notifying, when the tenant is not at home or without the tenant’s approval.

Rental contracts in the Netherlands are officially considered pro-tenant. However, a law that cannot be enforced in an easy, fast and broadly applicable manner becomes in practice closer to a wish. 

Let’s dig deeper:

  • Understanding Your Tenant Rights in the Netherlands.
  • What Your Lease Contract Should Contain in the Netherlands?
  • Are your deposit and rent amount fair?
  • What are the limits for 2026?
  • Expats renting in the Netherlands.
  • What can you do when the landlord infringes on your rights?
  • How DiEM25 is supporting tenants and how you can contribute for a fairer world?
  • Useful links.

Understanding your tenant rights in the Netherlands

Rental law in the Netherlands is governed by the Dutch Civil Code (Burgerlijk Wetboek) along with several housing-related acts. These regulations are intended to protect both you and the property owner throughout the entire rental period—from signing of the contract and moving in to moving out and receiving the deposit back.

It is important to firstly note that in the Netherlands, rental law is semi-mandatory (“dwingend recht”). Any contractual provision that disadvantages the tenant beyond what the law allows is unenforceable.

The core tenant rights are:

  1. Right to a written rental agreement — Your lease should be in writing and signed by both you and the landlord, and it should clearly set out key details.
  2. Right to a decent, safe and liveable home — Your rented property must meet basic living standards, meaning it should be free from serious defects and have safe utilities, as well as properly functioning plumbing and heating. The landlord is responsible for major maintenance and structural repairs, while tenants are generally only responsible for minor repairs and day-to-day upkeep.
  3. Right to “quiet enjoyment” — You have the right to quiet and peaceful enjoyment of your home. Your landlord may not enter the property without your consent, except in emergencies or for pre-arranged maintenance, and must respect your privacy. Tenants are also permitted to change the locks, provided they are restored to their original state when the tenancy ends.
  4. Protection against unfair rent (rent-price control / rent regulation) — In particular for social housing or regulated rentals, your rent must reflect the property’s value, size, and quality according to the points system (WWS). Excessive or unjustified rent increases are limited by law. Legal caps apply to maximum rent increases, and only smaller increases may be permitted and made binding in a contract.
  5. Protection from arbitrary eviction — landlords cannot forcibly evict you without valid legal reasons and proper procedures (e.g. judge’s permission), especially under regulated tenancy law. Notably, landlords stating “I want to sell” is not a legal reason, and even “I want to live there myself” will not automatically be granted. In the latter case, a judge will weigh the interests of the tenant and the landlord against each other. The only legal reasons to cancel a rental agreement are mentioned here
  6. Right to transparency and fair treatment from landlords — Your landlord must provide clear and transparent information, including details about the rent, deposit, service charges, your rights and obligations, contact information, and complaint procedures. The landlord must also provide an inspection report at both the start and the end of the tenancy. The final inspection report should list any defects and specify which ones you are expected to repair. You must be given the opportunity to review and sign this report, as well as a reasonable period to address the listed issues. If you fail to do so, the landlord may withhold part or all of the deposit to cover the cost of repairs. However, these costs must be reasonable and clearly explained. For example, charging €1000 to repair a damaged €100 chair would not be considered reasonable. Where applicable, the landlord must provide an itemised breakdown of these costs. In addition, your landlord is required to provide you with an annual overview of your service and utility charges.
  7. Right to challenge unfair practices or conditions — If the rent or service charges are too high, or if the property is not properly maintained, you can contact official bodies such as the Huurcommissie (Rent Tribunal) to review the situation and enforce your rights.

More, as per the Good Landlordship Act (“Wet goed verhuurderschap”) the landlords must follow the following basic principles:

  • The landlord may not discriminate against people who are searching for a rental property. 
  • The landlord may not threaten or scare the tenant. 
  • The landlord is allowed to request a deposit which is no more than 2 times the basic rent.  
  • The landlord must provide the rental agreement in writing.  
  • The landlord must provide tenants with good information about:
    • the rights and duties of the tenant, if they have not been included in the rental agreement.
    • the amount of the deposit and the date when the tenant will get the deposit back after termination of the rental agreement.
    • the contact details where the tenant can reach the landlord.
    • information about the municipal hotline for complaints about landlords.
    • the service costs: landlords must provide a full breakdown of the costs.   
  • The landlord only charges service costs which comply with the legal rules.
  • The rental agency may not charge mediation fees to the tenant.
  • The landlord must maintain the structural integrity of the property.
  • The landlord must address serious defects.
  • The landlord must ensure heating, plumbing, and electricity work.

What Your Lease Contract Should Contain in the Netherlands?

First of all, it is to be noted that a valid agreement in the Netherlands can be:

  • A contract
  • A verbal agreement
  • Any other form of documented agreement (email, text, hand written note, etc.)

Although all binding, a written contract is recommended as it brings more clarity on the terms of the agreement.

In general, Dutch rental contracts should include:

  1. Tenant and landlord’s names and signatures
  2. The property address
  3. Monthly rent
  4. Service costs and/or utilities (an overview of service costs charged must be provided every year)
  5. Rental security deposit (and how it will be returned)
  6. Method of payment
  7. How the accommodation can be used (that can include reference to pets, smoking, third party housing)
  8. Who you can contact if you can’t resolve an issue with your landlord (municipal reporting office, rent tribunal or district court)

Are your deposit and rent amount fair?

For tenancy agreements dated 1 July 2023 onwards, the maximum deposit a landlord can charge is two months’ basic rent. When the tenancy agreement has ended, you will in principle get your deposit back within 14 days. But if you still owe your landlord money, they can deduct this from your deposit. In that case they must pay back the remaining deposit within 30 days.

Regarding rent, in the Netherlands the maximum rent is determined with a point system. From January 1, 2025 all landlords in the Netherlands must provide points calculations to new tenants. This represents the first time private-sector landlords (sectors 2 and 3) must transparently disclose how rent is determined.

Official information on how to check the maximum allowed rent can be found here.

The official rent check calculator can be found here.

The system output will show the total number of points and the maximum legal rent allowed.

Furthermore, it is important to note that if your landlord works with a rental agency, the landlord is responsible for paying the agency’s mediation fees. The agency is not allowed to charge these fees to you as well. Mediation fees may also be referred to as administration, contract, or agency fees. However, if you personally use an agency or intermediary to find accommodation, you will be responsible for paying their fees yourself.

What are the limits for 2026?

Acting housing minister Mona Keijzer confirmed on 15 December 2025 that the rent increases for 2026 can be up to:

  • 4.1% for social housing 
  • 4.4% for non-rent-controlled sector
  • 6.1% for mid-market sector

Increases above these levels are not legal and can be lowered by the rent tribunal (Huurcommissie).

Expats renting in the Netherlands

If you have moved from another European country to work temporarily in the Netherlands and your employer provides your accommodation, your employer must give you information about the accommodation in a language you understand. However, this requirement does not apply to the tenancy agreement itself, which may be written in Dutch.

Your tenancy agreement must be separate from your employment contract. This means that if your employment ends, you are not automatically required to leave the accommodation. This rule applies only to tenancy agreements entered into on or after 1 July 2023.

What can you do when the landlord infringes on your rights?

If you have a dispute with your landlord that you are unable to resolve, there are several steps you can take.

If you rent social housing and disagree with the rent amount, a rent increase, or the level of maintenance, you can contact the rent tribunal.

If you rent in the private sector and disagree with your landlord’s annual rent increase or a rent increase following improvements to the property, you can also contact the rent tribunal. In addition, you may ask the rent tribunal to assess your initial rent, provided you do so within six months of the start of the tenancy.

The rent tribunal is an independent and impartial body that mediates disputes between tenants and landlords. Its decisions are legally binding on both parties. If your dispute cannot be brought before the rent tribunal, you may take the matter to the district court instead.

Note that for private tenants (not legal entities) a dispute request costs for most proceedings approx. 25 Euro and requires a DigiD. 

A step by step on how to build a successful case with the Huurcommissie can be found here.

You can start a new dispute using this link.

Some success stories of cases handled by the Huurcommissie can be found here.

You can also contact the Huurcommissie directly via:

Phone: 088-1600300

Online: Contact | Huurcommissie

Physical mail: Postbus 16495, 2500 BL Den Haag

Moreover, as of 1 January 2024, every municipality has a reporting office where tenants and those looking for accommodation can report problems with landlords. 

If a landlord breaches one of the rules in the Landlords (Good Practices) Act, the municipality must take action.

How DiEM25 is supporting tenants and how you can contribute for a fairer world?

The “Democracy in Europe Movement 2025”, or DiEM25, is a left-wing European political movement, which seeks to create a more democratic Europe.

Ultimately our goal is to achieve a Europe of reason, liberty, tolerance, and imagination, all of which will be made possible by comprehensive transparency, real solidarity and authentic democracy.

Part of DiEM25 vision for a democratic society is a world where the haves do not abuse the havenots. 

Other useful links on tenant rights in the Netherlands:

Guide for “The Landlords (Good Practices) Act”

Rechten van huurders en onderhoud in Nederland – nl.tenant-rights.com

Rented housing | Housing | Government.nl

Step-by-step plan for tenants

Can the landlord charge for cleaning in the Netherlands – RentHunter

Huurcommissie 2026: Challenge Unfair Rent & Win | Complete Guide

Legal disclaimer:

The content of this article is provided for general informational purposes only, from sources publicly available online. While we strive to provide accurate and up-to-date information, we make no guarantees regarding the correctness, completeness, or currency of the information.

Use of the information in this article is entirely at your own risk. We are not liable for any damage or losses resulting from the use of this information.

This article does not replace professional advice in legal, financial, medical, or other specialized matters. For specific questions or situations, we recommend consulting a qualified professional.

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