For general information, see Government of the Netherlands information on rented housing.
Expats looking for housing in the Netherlands often find that they are treated differently than Dutch tenants. They sometimes have to pay a higher deposit, face stricter conditions, or are even refused. This can be seen as discrimination in the housing market, which is prohibited in the Netherlands.
The tenancy law attorneys at Arslan Advocaten explain what discrimination looks like, what your rights are as an expat, and what you can do if you are treated unfairly.
How does discrimination manifest itself for expats?
Expats regularly encounter the following problems:
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Higher deposit – expats often have to pay 3 or even 6 months’ deposit, while Dutch tenants pay 1 or 2 months.
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Higher rent – for the same property, expats are charged a higher rent.
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Refusal – some landlords prefer not to rent to expats or impose stricter income requirements.
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Additional conditions – such as mandatory administrative fees or cleaning fees.
What does the law say?
In the Netherlands, the principle of equality: landlords may not make distinctions based on nationality or origin.
This means that expats have the same rights as Dutch tenants. Requiring extra deposit or higher rent purely due to expat status can be deemed discrimination.
Examples (illustrative)
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Expat in Amsterdam: had to pay 6 months’ deposit. In such a case a court may rule that this is excessive and discriminatory; the deposit was reduced.
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Expats in The Hague: were offered a rent that was € 300 per month higher than for Dutch nationals. This was reversed after an objection.
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International student in Utrecht: was refused because he “had no permanent job”. In such a case a court may rule that this is indirect discrimination.
Your rights as an expat
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You are entitled to a lawful deposit: for a residential tenancy agreement concluded on or after 1 July 2023, the deposit may not exceed twice the basic rent (rent excluding service charges) — Article 7:261b(2) of the Dutch Civil Code. For older contracts, the Dutch government refers to a maximum of three months’ basic rent, based on case law.
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You can have an excessive rent reviewed by the Rent Tribunal. The Huurcommissie (Rent Tribunal) does not decide deposit disputes. You claim repayment before the subdistrict court (kantonrechter); the municipality can take enforcement action under the Good Landlordship Act.
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You can take legal action in cases of discrimination.
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You may not be refused solely because you are an expat.
Checklist for expats facing discrimination
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📑 Always ask for a written rental contract.
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📉 Compare your terms with those of other tenants.
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🧾 Ask for an explanation if your deposit or rent is higher than normal.
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⚖️ Consult a tenancy law lawyer if you suspect discrimination.
Frequently Asked Questions (FAQ)
1. May a landlord charge an expat a higher deposit?
No, the rules apply to everyone. For a residential tenancy agreement concluded on or after 1 July 2023, the deposit may not exceed twice the basic rent (rent excluding service charges) — Article 7:261b(2) of the Dutch Civil Code.
2. What can I do if I pay more rent than Dutch people for the same home?
You can have this reviewed by the Rent Tribunal or a judge.
3. Is a landlord allowed to refuse to rent to expats?
No, this can be seen as discrimination.
4. As an expat, do I have the same rights as Dutch tenants?
Yes, you have exactly the same rights.
Conclusion
Expats often encounter discrimination when renting a home, especially concerning deposits and rental terms. Remember that you have the same rights as any Dutch tenant and that you can take legal action against unequal treatment.
The tenancy law attorneys at Arslan Advocaten help expats with disputes about deposits, rental prices, and discrimination.
Practical Steps for Expats Facing Discrimination in Housing
If you are an expat experiencing discrimination in the Dutch housing market, there are several practical steps you can take to protect your rights:
- Document Everything: Keep records of all communications with landlords or real estate agents, including emails, text messages, and rental agreements. Note any differences in treatment compared to Dutch tenants.
- Request Clear Justifications: Ask landlords to provide written reasons if you are asked for higher deposits or additional fees. Legitimate financial requirements should be transparent and based on objective criteria.
- Know Your Rights: Familiarize yourself with Dutch tenancy law (huurrecht) and anti-discrimination laws, which prohibit unfair treatment based on nationality or origin.
- Seek Legal Advice: Contact a tenancy law attorney who understands the specific challenges expats face. They can help you assess whether your case constitutes discrimination and advise on possible legal actions.
Legal Protections Under Dutch Law
The General Equal Treatment Act (Algemene wet gelijke behandeling) in the Netherlands forbids discrimination in various sectors, including housing. This act ensures that landlords cannot refuse tenants or impose different conditions based on nationality or origin.
Moreover, the Dutch Civil Code provides a legal framework for tenancy agreements, protecting tenants from unfair contract terms. If a landlord’s demands exceed what is customary or legally permitted, tenants can challenge these conditions in court or, for matters such as the rent and service charges, through the Huurcommissie (Rent Tribunal). The Huurcommissie does not decide deposit disputes.
Examples of Fair Practices
In practice, landlords are allowed to assess a tenant’s financial reliability, but this must be done fairly and consistently. For example:
- Requesting proof of income or employment from all tenants, regardless of nationality.
- Setting the same deposit for all tenants, within the statutory maximum of twice the basic rent (for agreements concluded on or after 1 July 2023).
- Charging administrative fees only if they apply equally to all renters.
Landlords who adhere to these principles create a more inclusive rental market and avoid legal consequences.
How Arslan Advocaten Can Help
If you believe you have been discriminated against as an expat in the Dutch housing market, don’t hesitate to seek expert legal assistance. The tenancy law attorneys at Arslan Advocaten defend the rights of expats and tenants in the Netherlands.
We offer tailored advice, help negotiate with landlords, and can represent you in disputes or court proceedings to work towards fair treatment. Contact us today for a consultation about your housing rights.
More frequently asked questions
May a landlord charge an expat a higher deposit?
No. For a residential tenancy agreement concluded on or after 1 July 2023, the deposit may not exceed twice the basic rent (rent excluding service charges) — Article 7:261b(2) of the Dutch Civil Code. This rule applies equally to all tenants, regardless of nationality.
What should I do if I am asked to pay more rent than other tenants for the same property?
You can have the difference reviewed by the Rent Tribunal or a court. If the higher rent is based solely on your expat status, it may be considered discriminatory.
Can a landlord refuse to rent to me because I am an expat?
No, refusing to rent based on nationality or origin is considered discrimination and is illegal under Dutch law. You have the right to seek legal recourse if this occurs.
Do expats have the same rights as Dutch tenants in the housing market?
Yes, expats have the same legal rights as Dutch tenants, including protection against discrimination and the ability to challenge unfair rental conditions.
