Rental contracts in the Netherlands

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.

Rental contracts in the Netherlands

In general, rental contracts in the Netherlands should include:

• Both you and your landlord’s name and signature
• An address and description of the property
• Contract start and end dates
• A notice period for terminating the contract
• An agreed monthly rent and method of payment
• An overview of the extra costs and/or utilities (energy (gas and electricity), water, internet, phone line and so on)
• Information about the rental security deposit, if applicable
• Specific house rules regarding things like pets, third party housing, smoking and so on
• Landlord’s duties with regards to maintenance and repairs
• An inventory list (if the apartment is furnished)
• The date on which the rent will be increased each year

Note that an oral agreement or contract is legally valid in the Netherlands, 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.

Fixed-period or indefinite rental contracts

There are two main types of tenancy agreements in the Netherlands: fixed-period or indefinite rental contracts.

Indefinite rental contract

An indefinite rental contract has no end date. Most indefinite rental contracts include a minimum period, also known as a minimum fixed term, that normally lasts from between six to 12 months.

This means that you cannot terminate your contract until the minimum fixed term has lapsed, unless the landlord gives their permission. They might also set conditions for the contract termination, for instance that you need to find a new tenant, or pay an extra month's rent. Sometimes an escape clause is added in the form of a “diplomats’ clause”: if you can prove that your employer is relocating you, you may terminate the contract early.

After the minimum fixed term has lapsed, you can terminate the contract whenever you like, so long as you observe the minimum notice period outlined in the contract. An indefinite rental contract can also be terminated by the landlord after the fixed period has ended, so long as there are legal grounds for termination. In most cases, however, the landlord would need to start legal proceedings in order to evict a tenant. 

Fixed-period rental contract

The second type of rental contract is a fixed-term agreement, also known as a "rental agreement for a definite period". These contracts usually last for somewhere between six and 24 months. The landlord is not permitted to cancel the contract before the term is up, but the tenant can, so long as they observe the notice period outlined in the contract. Temporary contracts cannot contain a minimum fixed term. This means that the tenant must always be allowed to give notice (no longer than one month).

When the contract is up, it simply expires; the landlord is obliged to notify the tenant that the contract is expiring between one and three months before the end date. If they fail to do this, the contract automatically converts into an indefinite rental contract with no end date. The same applies if both the landlord and the tenant agree to extend the contract; it automatically becomes an indefinite contract. 

As of July 1, 2024, fixed-period rental agreements have been majorly restricted by the Indefinite Rental Contracts Law. This means that landlords are only allowed to offer a fixed-period rental contract to the following groups of tenants: 

• Students who temporarily rent for their studies in a different place to where they live
• People who must temporarily live elsewhere while their home is being renovated
• People who are urgently seeking somewhere to live
• People who previously had a rental contract terminated and are entering into a so-called "second chance contract"
• Young people aged between 16 and 27 years old who take over the rental agreement from a deceased parent or guardian who previously rented the home
• People who are going through a divorce, no longer live with their partner and need to temporarily rent a property to live close to their children
• People who work temporarily on one of the Wadden Islands but retain a residence on the mainland

Rental contracts in the private sector

Tenancy agreements in the private sector can be liberalised. If your rent is liberalised, your landlord can basically ask for whatever price they want. 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”.

Housing rights & tenant's duties

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."

Under Dutch tenancy law, both the landlord and the tenant retain rights and obligations, as follows:

Landlord’s obligations

The landlord must: 

• Ensure availability of the property within the agreed rental period
• Cover any necessary major repairs and maintenance (within a reasonable period)
• Solve any problems affecting the tenant (plumbing, electricity, internet, and so on)
• Not terminate the rental contract, unless the tenant or a court agrees

Tenant’s duties

The tenant must:

• Pay the agreed monthly rent on time
• Follow the agreed house rules
• Pay for minor repairs that are inexpensive
• Allow the landlord to enter the accommodation to make repairs (within a reasonable period)
• Inform the landlord (preferably in writing) of all defaults, regardless of whether they wish the defaults to be remedied or not

All-in rental prices

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.

Rent Tribunal (Huurcommissie)

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.

Gemeentelijk meldpunt goed verhuurderschap (municipal reporting point landlords)

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. 

What to do when you have a disagreement with your 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:

• First of all, you must submit your complaint to your landlord.
• If that does not resolve the problem, you can submit your complaint to the landlord’s complaints committee and/or the municipal reporting point. 
• If this does not resolve things, you may be able to bring your complaint before the Rent Tribunal (Huurcommissie).
• If all else fails, you can always contact a lawyer.