When can tenants claim emotional damages in Dutch housing law?

Many internationals arriving in the Netherlands are familiar with legal systems where emotional distress, anxiety, or loss of enjoyment of life often form part of a compensation claim. In Dutch law, this type of “non-material” (immaterial) damage has always been possible in theory, yet in practice, courts have traditionally been cautious about awarding it.

Part of this reluctance stems from political concerns: some fear that the Netherlands could slide towards a “claim culture”, while others point to the difficulty of setting clear, consistent benchmarks for emotional harm. The fact is that compensation for emotional damage (in Dutch: “affectieschade”), available to close relatives after a death or severe injury, only became possible in 2019.

If courts are careful even in cases involving life-altering events, it is perhaps unsurprising that landlords and housing associations were rarely held liable for emotional harm linked to housing defects. Yet the legal framework has long allowed such claims, and in recent years, courts have become noticeably more willing to grant them, especially in tenancy matters. 

The legal basis

Where a lessor (landlord or housing association) is responsible for a defect in the rental property, tenants may claim a rent reduction and may also seek compensation for material or non-material damage.

Non-material damage is governed by Article 6:106 BW, which provides that compensation is available where someone has suffered bodily injury, reputational harm, or has been personally affected in another serious way.

This legal foundation also applies outside the rental context, for example, in disputes with an owners’ association (VvE) or when defects emerge after purchasing a home. 

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How easy is it to succeed?

Not very. The threshold for non-material damages remains high. A claimant must demonstrate genuine personal harm caused by the defect. Simply showing that the property had a serious issue is not enough. Courts look for evidence of distress, disruption to daily life, or other concrete effects.

Recent examples from Dutch case law

Here are some recent examples:

Long-term odour nuisance

A tenant lived for years with sewage-related odour problems that the lessor failed to fix. The court awarded €4.000 for the significant loss of enjoyment of the home - notably, without a simultaneous rent reduction request. It seems plausible that the absence of rent reduction affected the relatively high compensation for non-material damages.

Owners’ association failing to act

In an Amsterdam case, a VvE failed to repair essential defects, leaving owners without basic facilities, such as a working shower. The court awarded €30 per day for a full year.

Severe water damage in a newly purchased apartment

Buyers facing serious water leakage successfully claimed substantial financial losses, including rehousing and renovation costs. However, their €50.000 claim for non-material damage was rejected because the stress and inconvenience did not amount to the level of “personal injury” required under Article 6:106 BW.

Conclusion: The bar is high

Yes, you can claim non-material damages in Dutch real estate and tenancy disputes. However, the bar is high, and compensation amounts remain modest compared to many other countries. For both tenants and property owners, it is important to be aware that emotional or personal harm can be compensated, but strong evidence and clear personal impact are essential.