You have secured a job, your paperwork is in order, and you are ready to move to the Netherlands. One of the next big challenges is finding a place to live.
For many expats, the Dutch rental market can be surprisingly complex. Housing shortages, unfamiliar rental laws, and language barriers often make the process more difficult than it may be in one’s country of origin.
In this article, we provide an overview of what to consider before signing a rental contract in the Netherlands, including the different types of rental contracts, important clauses to consider in rental contracts, and your legal rights and obligations as a tenant.
Whether you are looking for short-term accommodation or planning to settle in for the long term, a basic understanding of Dutch rental law can help ensure a smooth and secure transition to your new home.
1. Where to find properties to rent in the Netherlands?
The most practical way to begin your rental search is through online property platforms, such as funda, flatio, and pararius . These platforms allow you to filter by region, budget, and housing type, and it provides a clear idea of rental pricing in your desired area.
Alternatively, you can choose to work with a rental agency who can assist you with finding suitable properties to rent and liaising with landlords on your behalf. However, keep in mind that rental agencies typically charge an additional fee for their services.
2. Different types of rental contracts in the Netherlands
Once you have found a property you wish to rent, you will need to enter into a huurovereenkomst (rental contract). In the Netherlands, rental contracts generally fall into two main categories:
2.1. Indefinite rental contract
An indefinite rental contract does not specify an end date but typically includes a minimum rental period during which early termination is not permitted.
Some contracts may contain an early termination clause, allowing tenants to terminate the contract before the minimum period, usually under specific conditions, such as providing sufficient notice, finding a replacement tenant, paying a penalty fee, etc.
While tenants are generally allowed to terminate the contract by giving one month’s notice, after the minimum period has passed, landlords face stricter requirements. They must provide valid legal grounds (as set out under article 7:274 of the Dutch Civil Code) and comply with the relevant notice period in order to end the agreement.
2.2. Fixed-term rental contract
A fixed-term rental contract includes a specific end date and is generally used for short to medium term rental periods.
Under this type of rental contract, tenants will be allowed to terminate the contract early, provided they comply with the contractual notice period. However, landlords are not allowed to terminate the contract before the agreed end date.
Unless the landlord notifies the tenant at least 1 month but no more than 3 months before the end date that the contract is nearing its expiration date, the contract will automatically convert into an indefinite rental contract under Dutch law.
Now that you understand the different types of rental contracts generally offered in the Netherlands, it is important to take a closer look at what is specifically included in the rental contract itself.
3. Important clauses to pay attention to in a rental contract
While standard clauses relating to the rental price, the security deposit, and the contract term, are typically reviewed, it is important to pay close attention to the following additional clauses:
3.1. Maintenance and repair clause
Dutch law divides maintenance and repair responsibilities between landlords and tenants. Major repairs and maintenance to the property (e.g., heating systems, structural repairs), is typically the landlord’s duty, while minor repairs and maintenance (e.g., light bulbs, garden maintenance) are the tenant’s responsibility.
It is important that the rental contract clearly defines these obligations to avoid any future disputes. The Minor Repairs Decision sets out which repairs are considered minor.
3.2. Termination clause
Review the termination clause carefully. This clause should specify the notice period required to be given by both parties and set out any penalties applicable for early termination of the rental contract. Tenants are generally required to give at least one month’s written notice, while landlords may be required to provide between three to six months’ notice, depending on the length of the tenancy and the reason for termination.
3.3. Utilities clause
Rental contracts can either include, partially include, or exclude utilities such as gas, electricity, water, and internet from the monthly rental. It is important to scrutinize the utility clause to confirm which utilities are included in the base monthly rent, how the service costs are calculated, and whether you must arrange separate contracts with utility providers.
3.4. Rental increase clause
Landlords in the Netherlands are generally permitted to increase the rent once per year, but only in accordance with the maximum percentage set by the Dutch government. The applicable rules depend on whether the property is classified as social housing or private (non-subsidised) housing.
For tenants in the private housing sector, the government publishes an annual cap on rent increases, typically linked to inflation. In the case of social housing, rent increases are subject to stricter regulations, including income-related thresholds and government-imposed limits.
It is important to carefully review your rental agreement for any clauses relating to rent increases. A clause that allows the landlord to increase the rent without justification, notice, or regard for legal limits may be deemed unenforceable under Dutch law.
Once you have thoroughly reviewed the rental contract and are satisfied with all its clauses, both you and the landlord should sign the contract. It is essential to retain a signed copy, as it serves as the official record of the terms and conditions agreed upon by both parties. This document may be important in the event of any disputes or misunderstandings regarding the tenancy.
4. What are your rights and obligations as a tenant?
Fortunately, Dutch rental law offers strong protection for tenants. Under Dutch law, tenants have the right to expect that the landlord will:
- Make the property available to the tenant for the duration agreed upon in the rental contract;
- Carry out any major repairs or necessary maintenance to the property;
- Not terminate rental contract without providing proper notice and valid legal grounds;
- Refrain from increasing the rent beyond the amount stipulated in the rental contract or above the government-imposed annual limits.
In return, the tenant is obligated to:
- Pay the monthly rent on time;
- Comply with any house rules agreed upon between the landlord and tenant.
- Undertake and cover the costs of any minor repairs;
- Allow the landlord reasonable access to the property to carry out any necessary repairs;
- Refrain from terminating the rental contract without providing proper notice.
5. What to do in the event of a rental dispute?
Although Dutch law provides strong protections for tenants, disputes with landlords can still occur. Common disputes include disagreements over withheld or deducted security deposits, delays or failures in carrying out repairs or maintenance, and disputes over rental increases or service costs.
The best approach to resolving a rental dispute is to communicate directly with the landlord and attempt to reach an amicable solution. If this is unsuccessful, engaging a mediator may be an effective way to resolve the matter without escalating to legal proceedings.
For more minor disputes, such as those related to rental increases, maintenance, or service charges, tenants may file a complaint with the Rental Tribunal. This independent body offers a fast, cost-effective, and impartial means of resolving rental disputes, without the need for court involvement.
For more complex rental disputes, you can consult one of our lawyers who can assist you in taking legal action against your landlord if necessary. They will also provide you with tailored advice on the strength of your case, based on your rights and obligations as a tenant under Dutch tenancy law.
The Dutch rental market can feel overwhelming at first, but with a good understanding of Dutch rental law, your rights, and your obligations, the process becomes far more manageable. Whether you are signing your first lease or dealing with a rental dispute, being informed can save time, stress, and unnecessary costs.
If, after renting in the Netherlands for a few years, you decide it is time to buy your own Dutch house, be sure to read our article on Buying a House in the Netherlands as an Expat.
