Tenancy lawyer in The Hague: defects, damp and mould

23 September 2026
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Tenancy lawyer in The Hague: defects, damp and mould

Living with damp, mould or a defect your landlord will not fix? In The Hague you can report it in writing, have it assessed and ask for a temporary rent reduction, but do not stop paying rent. Your landlord must remedy defects that reduce your enjoyment of the home. The municipality’s Huurteam can visit private rentals with overdue maintenance, and the municipal reporting point deals with landlords who break the rules. For staff of international organisations and embassies, the same Dutch rules apply as for anyone else.

Damp and mould: what your landlord must do

A landlord must remedy defects that reduce your enjoyment of the property. Structural damp, leaks, mould caused by the building, a broken heating system or rotting window frames can all be examples. Condensation caused purely by how a home is used can be a different matter, so the cause is often the first point of discussion.

Report every defect in writing and keep the proof. A temporary rent reduction can in principle only be granted from the date you reported it, not from the date the defect arose. A WhatsApp message can count as evidence; also confirm the report by dated e-mail or letter. Add dated photographs of the mould, a short description of what you have done to ventilate, and any damage to your belongings.

StepWhat to doWhy it matters
1. ReportWritten report with photos, confirmed by dated e-mail or letterA rent reduction runs in principle from the date of the report
2. DeadlineAsk for repair within a reasonable, stated periodShows the landlord had the chance to act
3. AssessmentHuurteam visit (private rentals) or HuurcommissieAn independent view of the defect and the rent
4. CourtClaim before the subdistrict court in The HagueCan order repair and decide on compensation

Do not withhold rent

However justified it feels, do not stop paying rent on your own initiative. That creates arrears, and arrears are the most common ground for termination and eviction. Only a court can dissolve a residential lease for a tenant’s breach (Article 7:231(1) DCC); eviction is carried out by a bailiff (deurwaarder). A landlord who changes the locks or cuts off utilities acts in principle unlawfully.

If the defect is serious, the right route is a temporary rent reduction through the Huurcommissie or the subdistrict court, or a court order for repair. Which body can decide depends on your rental sector, so check this before you start.

Working for an international organisation or embassy in The Hague

Perhaps you came to The Hague for a posting at an international court, organisation, embassy or company. Dutch residential tenancy law is mandatory and applies regardless of your nationality or residence status. Two points deserve attention before you sign.

First, check who the tenant is. If your employer or a relocation company signed the lease and you live there under their arrangement, your position can differ from a lease in your own name. Second, check the end date. Since 1 July 2024 a fixed-term lease is only possible for designated groups (Decree on specific groups) and for at most two years; otherwise the lease counts as open-ended. Contracts concluded before 1 July 2024 keep the old regime (max. two years self-contained / five years for a room). Being an expat is not one of those groups. A permitted fixed term also requires notification in writing, no earlier than three months and no later than one month before the end date (Article 7:271(2) DCC). Without timely notification the lease continues for an indefinite period.

Deposit and rent increases

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), under Article 7:261b(2) of the Dutch Civil Code. This also applies in the private (liberalised) sector. It must be repaid within 14 days of the end of the tenancy, or within 30 days with a full written specification if the landlord sets off costs (Article 7:261b(3)-(4) DCC). The Huurcommissie (Rent Tribunal) does not decide deposit disputes; you claim repayment before the subdistrict court. Use our deposit check or read everything you need to know about the security deposit.

The 2026 caps on rent increases are: social housing max. 4.1% (from 1 July 2026), mid-rent max. 6.1% and private sector max. 4.4% (from 1 January 2026). Source: Dutch government, 15 December 2025. A proposal must reach you in writing, at least two months before it takes effect (Article 7:252(1) DCC). More on our tenancy law page.

Where to go in The Hague

ForWhereWhat it does
Subdistrict court (kantonrechter)District Court of The Hague (Rechtbank Den Haag), location Den Haag, Prins Clauslaan 60, 2595 AJ Den HaagRepair orders, rent reduction, deposit claims, termination and eviction for homes in The Hague
Reporting point (Good Landlordship Act)Gemeente Den Haag: Ongewenst gedrag van verhuurders meldenFor tenants of private landlords or letting agents: report a deposit above two months’ rent, too high a basic rent, no written contract, no service charge statement, double agency fees, discrimination or intimidation. Anonymous reports are possible. Housing association tenants complain to the association first.
Free tenant supportHuurteam, Gemeente Den HaagFor tenants registered in The Hague who rent from a private landlord: rent check by points, help with a Huurcommissie procedure, and a visit to assess overdue maintenance
Huurcommissie (national)huurcommissie.nlRent level, defects, rent increases and service charges; not deposit disputes
Arslan Advocaten The HaguePaletplein 80, 2526 GZ Den Haag, 070 4500 300Letters to the landlord, defect and deposit claims, proceedings

Nederlands: Huurrecht in Den Haag

Frequently asked questions

Can I stop paying rent until my landlord fixes the mould?

No. Withholding rent on your own initiative creates arrears, and arrears are the most common ground for termination and eviction. Ask for a temporary rent reduction through the Huurcommissie or the subdistrict court instead.

From when can I get a rent reduction for a defect?

In principle from the date you reported the defect to your landlord, not from the date it arose. That is why a dated written report matters.

My employer arranged my apartment in The Hague. Am I protected?

Dutch tenancy law applies regardless of nationality. Whether you can rely on it directly depends on who the tenant is. If the lease is in your employer’s name, have the arrangement checked.

Can the Huurteam in The Hague help me?

The municipal Huurteam helps tenants who are registered in The Hague and rent from a private landlord. Housing association tenants first complain to their association.

Dealing with damp or a landlord who does not respond? Send us your report, photos and the landlord’s replies. Call our office in The Hague on 070 4500 300 or use the contact form. The first consultation is free of charge and confidential.

Sources: Rechtspraak: Rechtbank Den Haag; Overheid.nl: Rechtbank Den Haag, locatie Den Haag; Gemeente Den Haag meldpunt; Gemeente Den Haag: Huurteam; Rijksoverheid: waarborgsom; Rijksoverheid: rent increases 2026; Dutch Civil Code Articles 7:231, 7:252, 7:261b and 7:271. Checked on 23 September 2026.


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