The rental contract in the Netherlands

The basic contract is one for an indefinite period (onbepaalde tijd) that gives you great security, and the landlord cannot end it except for specific legal reasons such as non-payment, serious nuisance or his own need to live there.

• Until 2024 a temporary contract of two or five years was common, but the Permanent Rental Contracts Act (Wet vaste huurcontracten) banned most new temporary contracts, with exceptions such as students, young people and temporary letting for specific reasons.
• If you are offered a temporary contract check whether it is allowed and consult the competent bodies.
• Rented rooms and shared housing have special rules.

The contract must include the names of both parties, the flat's address and the start date, the base rent amount clearly, service costs (servicekosten) itemised between what you pay via the landlord and what you pay directly to companies, the deposit amount and conditions of its return, the method of rent increase, the notice period for termination, and maintenance responsibilities.

• Ask for what is not mentioned and read the small clauses.
• Check that the rent does not exceed the legal maximum according to quality points (woningwaarderingsstelsel) if it is in the regulated sector, and you can verify through the official calculator.
• Keep a signed copy of the contract and of every addendum.

The deposit (waarborgsom) may not exceed two months of the base rent, and the landlord must return it within fourteen days of the end of the contract and handover of the flat, or thirty days with the settlement of services, after deducting documented damage only.

• Likewise a landlord may not charge agency fees to the tenant.
• The annual rent increase is capped by law in the social and mid-price sectors, and the landlord must notify you in writing two months in advance.
• You have the right to object to an unlawful increase before the Rent Tribunal, and the deadline is stated in the notice.
• Pay the rent on time to avoid problems.

The landlord bears the repair of defects that are not due to your misuse, such as roof leaks, faulty heating and mould caused by construction defects, while you bear small repairs (kleine herstellingen) such as changing bulbs and a door handle and ordinary care.

• Report the defect in writing with photos and give the landlord a reasonable time to repair.
• If he does not repair it you can turn to the Rent Tribunal to reduce the rent temporarily because of the defect, and you may deposit the rent with a neutral party.
• Do not stop paying without advice, since you might breach your contract.
• And keep the flat clean and ventilated to avoid damp, which is partly your responsibility.

The tenant may end a permanent contract with written notice of usually three months or as stated, while the landlord cannot end it except for legal reasons and often needs a court ruling if you do not agree.

• On leaving arrange a handover inspection with the landlord, repair what you damaged, return the keys and sign the handover report, and give your new address to recover the deposit.
• In a dispute try written dialogue first, then the Rent Tribunal (Huurcommissie), the legal help desk (Juridisch Loket) or the national tenants' union.
• Do not leave the flat in a dispute before getting advice.

What is the maximum deposit?