A problem with your landlord? Start here.
Your landlord cannot evict you personally. That requires a decision by a Dutch court.
- Deposit not returned? As a rule it must be settled within two weeks, with a specification.
- As a tenant you have the same protection as anyone else living in the Netherlands.
- Send us your lease and we will tell you what your landlord may and may not do.
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Part of Dutch tenancy law is mandatory: you cannot sign that protection away, not even with a signature under a contract that says otherwise. That applies, among other things, to the maximum deposit, to tenancy protection on notice, and to the ban on agency fees. Whatever your contract says on those points has no effect.
Why this is the most important thing to know
Anyone coming to the Netherlands for work is handed a contract in a language that is not always their own, on a market with little supply and a great deal of haste. The thought “I signed, so this applies” comes naturally. For large parts of residential tenancy law that thought is wrong. The legislature made this protection mandatory precisely because tenants’ bargaining position is weak.
Below are the three provisions where that makes the most difference in practice, in money and in certainty.
Mandatory rule 1: the maximum deposit
Article 7:261b(2) of the Dutch Civil Code provides that the deposit is at most twice the rent, meaning the basic rent of Article 7:237(2). Article 7:265 makes this mandatory: the provisions of this sub-section may not be departed from. If your contract states three or four months, that agreement is to that extent without effect and you can reclaim the excess.
The same article governs repayment: fourteen days after the end of the tenancy, or thirty days where demonstrably incurred costs are set off, and then with a full specification of costs (Article 7:261b(3) and (4)).
Mandatory rule 2: tenancy protection on notice
Article 7:272(1) provides that a terminated lease remains in force by operation of law until the court has ruled finally, unless you give notice yourself or consent in writing to the termination. The landlord can put the matter before the court only once six weeks have passed since the notice without written consent (paragraph 2).
In doing so the court may weigh only the grounds stated in the notice (Article 7:273(1)), and may grant the claim only on the exhaustive grounds of Article 7:274(1). Sale of the property is expressly not among them.
Mandatory rule 3: no agency fees
Article 7:417(4) provides that an agent who, in the letting of residential accommodation, also acts for the landlord has no right to a fee from the tenant. The closing sentence is explicit: this provision may not be departed from to the tenant’s detriment, regardless of whether the landlord owes a fee. Article 7:427 extends this to intermediaries, including where the intermediary itself acts as the counterparty.
Overview
| Protection | Can your contract depart from this? | Legal basis |
|---|---|---|
| Deposit at most 2× the basic rent | No | Art. 7:261b(2) in conjunction with 7:265 DCC |
| Repayment deadline and duty to specify | No | Art. 7:261b(3) and (4) in conjunction with 7:265 DCC |
| Tenancy continues after notice until the court rules | No | Art. 7:272(1) DCC |
| Exhaustive grounds for termination | No | Art. 7:274(1) DCC |
| No agency fee from the tenant | No | Art. 7:417(4) in conjunction with 7:427 DCC |
| No unreasonable benefit on entering into the tenancy | No: such clauses are void | Art. 7:264 BW |
| Liability for defects in business premises | Partly yes: watch your general terms | Art. 7:209 BW |
That last row is there deliberately. For residential accommodation the protection is broad; for business premises it is considerably narrower. If you rent premises for your business, do not assume the same rules apply.
Frequently asked questions
My contract says English law applies. Is that possible?
For the letting of residential accommodation situated in the Netherlands, Dutch mandatory tenancy protection continues to apply. A choice of law cannot set that protection aside.
I expressly waived tenancy protection. Does that hold?
Waiving mandatory protection in advance has no effect. That is precisely what “mandatory” means: the provision applies regardless of what the parties agreed.
Does this also apply to short stay or a serviced apartment?
That depends on how the agreement is classified. If it is a lease of residential accommodation, the protection applies. Where the stay is legally not a residential lease, the position differs. The label in the contract is not decisive; the actual situation is.
What rights do I have if my employer rents the property and sublets it to me?
That is a sublease, and your position derives from your employer’s as head tenant. Have it recorded what happens when your employment ends; that is the greatest risk in this arrangement.
How do I know whether a provision is mandatory?
The statute says so itself, usually in a closing article of the relevant section, such as Article 7:265 for the rent provisions. If in doubt, it is worth having your contract assessed before you accept a clause.
A contract that limits your rights?
Our tenancy lawyers test which provisions in your contract are without effect and reclaim what was overpaid on that basis. Read also about notice and eviction, prohibited agency fees and our page on tenancy law.
