In principle, rent may only be increased once every twelve months (article 7:251 of the Civil Code), and the proposal must reach you in writing at least two months before the effective date (article 7:252(1) of the Civil Code). If you rent in the social sector and disagree with the proposal, you must notify the landlord in writing before the effective date that you do not agree. If you do so and do not pay, it is up to the landlord to go to the Huurcommissie (Rent Tribunal) within six weeks — not up to you.

Is your increase too high? Check it with the rent increase check.

What you can do now

1. Find the letter and check what effective date it states; count back two months and check whether the letter arrived in time.
2. Check whether the letter mentions all five mandatory points: current rent, the percentage or amount, the new rent, the effective date, and how and within what period you can object.
3. Check your tenancy agreement for a fixed indexation clause — that changes which route you must follow.
4. If you disagree: send a written objection before the effective date and keep the proof of sending.
5. In the meantime, keep paying the old rent; if you do pay the increase, that counts as agreeing.

May the rent go up every year?

Yes, but in principle no more than once every twelve months. Article 7:251 of the Civil Code declares void any provisions in tenancy agreements that result in the rent being increased more than once in a period of twelve months. There are a few exceptions, including after home improvements (articles 7:255 and 7:255a of the Civil Code). This rule also applies if you rent a home in the private sector.

What exactly must the proposal contain?

The proposal must be in writing, reach you at least two months before the effective date, and state five things. Article 7:252(2) of the Civil Code requires: the current rent, the percentage or amount of the change, the proposed rent, the proposed effective date, and the manner in which and the period within which you can object, plus the consequences if you do not. If one of those points is missing and an increase is nevertheless agreed, then under article 7:252(4) of the Civil Code the old rent in principle remains payable — unless it appears that you were not disadvantaged by that omission.

This is not theory. In a case before the Noord-Holland District Court, the subdistrict court judge ruled that rent increase letters over a series of years did not comply with article 7:252 of the Civil Code, in particular because the landlord had failed to point out to the tenant the possibility of objecting and the manner and period within which this had to be done (ECLI:NL:RBNHO:2016:4076).

Social sector or private sector — what is the difference?

In the social sector, the Huurcommissie assesses whether the increase is reasonable; with a liberalised contract that is in principle not possible. Whether your home is liberalised depends on the rent at the start of occupancy and the date of the contract (article 7:247 of the Civil Code). If that initial rent was higher than the statutory threshold, most of the rent protection provisions do not apply. The amount is set annually; check the current threshold with the central government (Rijksoverheid) or the Huurcommissie before you assume anything.

By way of illustration. In mid-May, a tenant receives a letter saying that the rent will go up as of 1 June. The letter states only the new amount and the date. He thinks he cannot do anything and pays. But the proposal arrived less than two months in advance, and it did not mention the current rent or the possibility of objecting — precisely the points that article 7:252 of the Civil Code makes mandatory. The question is then not whether the increase is reasonable, but whether there is a valid proposal at all. This is an example situation illustrating the rule, not a case handled by our firm.

How do I object via the Huurcommissie?

You notify your landlord in writing before the effective date that you do not agree; after that, it is up to the landlord. If you do so and do not pay, the landlord can ask the Huurcommissie, up to six weeks after that date, to rule on the reasonableness of the proposal (article 7:253(1) of the Civil Code). If he fails to do so, the increase does not take effect. If you do not respond at all and the landlord then sends you the proposal again by registered post within three months, you can still go to the Huurcommissie yourself up to four months after the effective date (article 7:253(2) of the Civil Code). If you do not, you are deemed to have agreed to the increase (article 7:253(3) of the Civil Code).

And if my contract is liberalised?

Then the increase usually runs via an indexation clause in your contract, and you check that clause yourself. If there is such a clause, the proposal procedure of articles 7:252 and 7:253 of the Civil Code is excluded (article 7:248(1) of the Civil Code). If the clause leads to a higher increase than is legally permitted, it is void to the extent that it goes further, and the rent is deemed to have been increased by the increase that is permitted (article 7:248(3) of the Civil Code). You can then ask the Huurcommissie for a ruling within four months after the effective date (article 7:248(4) of the Civil Code). If you only started renting recently, there is another route: up to six months after your first tenancy agreement took effect, you can have the initial rent assessed (article 7:249 of the Civil Code).

You can read more about rents, defects and termination on our page on tenancy law.

When things go wrong

• You pay the increase "under protest". Paying counts as agreeing. Keep paying the old rent for as long as the dispute continues.
• You only respond after the effective date. The objection must reach the landlord before that date. After that you depend on the landlord repeating the proposal by registered post, and that by no means always happens.
• You rely on a percentage from last year. The maximum increase percentages and the liberalisation threshold are set again each year. Always check the figure that applies for the year of your effective date.

Want to talk it over?

Call 070 450 0300 or send your rent increase letter and tenancy agreement via https://arslan.nl/contact/. The first consultation is free of charge and confidential. We have six offices and can also help you in Turkish, Polish and English.

Tenancy law in your city. You have a rent increase proposal assessed by the Huurcommissie, which operates nationally. For the rest of your case, where you live does matter: Tenancy lawyer The Hague · Tenancy lawyer Amsterdam · Tenancy lawyer Utrecht. The full overview can be found on our page on tenancy law.