Netherlands's landlord and tenant laws are judged by the Global Property Guide to be Pro-Tenant between landlord and tenant. In the Netherlands, the law provides strong protection for tenants, ensuring security of tenure, the right to privacy from the landlord, the right to terminate the rental agreement, and various other protections.

Rents: Can landlord and tenant freely agree rents in Netherlands?

In the Netherlands, tenancy agreements in the higher-priced private housing sector have been liberalized in terms of rent, giving both tenants and landlords greater freedom to negotiate rental prices and services. A tenancy agreement is considered liberalized if the initial monthly rent exceeds the threshold set for private sector rentals. For agreements starting in 2024, this threshold is €879.66. Only self-contained properties can be rented under a liberalized agreement—non-self-contained housing, such as individual rooms, remains subject to a maximum rent based on a points system.

For liberalized rentals, the rent is not determined using the points system, and there is no legal maximum rent. However, annual rent increases are still regulated by law until 1 May 2029. During this period, the maximum allowable rent increase is either inflation + 1%, or, if lower, wage development + 1%. For example, in 2023 the cap was 4.1% (3.1% wage growth + 1%), and in 2024, it is set at 5.5% (4.5% inflation + 1%). Since 1 July 2022, these rent increase limits also apply to moorings for houseboats.

Deposits

In the Netherlands, security deposits typically range from 1 to 2 months' rent and are refunded within 14 days after the end of the rental agreement. These deposits are intended to cover any property damage caused during the tenancy, as well as any outstanding service or energy charges.

The landlord is required to inform you of the deposit amount and the conditions under which it will be refunded at the end of the tenancy. If the landlord withholds any part of the deposit, they must provide a written explanation of the costs and return the remaining amount within 30 days.

What rights do landlords and tenants have in Netherlands, especially as to duration of contract, and eviction?

A tenancy agreement in the Netherlands can be made for either a fixed term or an indefinite period. A fixed-term agreement includes a clearly defined end date. For self-contained dwellings, such as houses or apartments, the fixed term can be up to 2 years, while for non-self-contained units, like individual rooms, it can extend up to 5 years. If the agreement was signed on or after 1 July 2016, the tenancy automatically ends on the date specified in the contract. However, the landlord must confirm this in writing no earlier than 3 months and no later than 1 month before the end date. Tenants also have the right to terminate the agreement earlier, subject to the conditions stated in the contract.

According to tenant rights in the Netherlands, renters with indefinite rental contracts are protected against lease termination. Your landlord can’t end the lease without a valid reason. Regardless of whether you’re renting an apartment, house, or just a room, the rental protection applies to you. Rental protections also extend to the people you’re living with, be it a roommate or a partner.

Tenants can start proceedings on the following matters:

• Rent charged under a new tenancy agreement

• Rent increases following improvements or renovations

• Rent reductions due to defective maintenance

• Rent reductions based on the rent points system

• Annual settlements of service charges

• Advances for service charges

• Annual rent increases

• Separation of all-inclusive rent into basic rent and service charges

Landlords can initiate proceedings on:

• Maintenance defects that have been repaired

• Rent increases following improvements or renovations

• Annual settlements of service charges

• Annual rent increases

How effective is the Dutch legal system?

The Dutch legal system is generally effective in managing evictions, but it is designed to offer strong protection to tenants, which can make the process more challenging for landlords. Here’s how it typically works:

1. Eviction Process: If a tenant fails to meet their obligations (e.g., not paying rent or causing serious damage to the property), the landlord must follow a legal procedure to evict the tenant. This involves filing a request with the court, and a judge must grant the eviction order. Landlords cannot evict tenants without a court order.

2. Tenant Protection: The law provides significant protection for tenants, particularly when it comes to preventing arbitrary or unfair evictions. A tenant cannot be evicted without a valid reason, and landlords are required to follow strict procedures. For example, they cannot terminate a lease without adequate justification, and if the tenant disputes the eviction, the case must go to court.

3. Court Procedure: The legal process can be time-consuming. Eviction cases typically take several months to be resolved, depending on the complexity of the case. During this time, tenants may be able to continue occupying the property unless the court orders immediate eviction.

4. Paying Back Rent: In cases where eviction is linked to non-payment of rent, tenants often have the right to "cure" the situation by paying the overdue rent before the court hearing. This can delay or prevent eviction if the tenant resolves the payment issue.

5. Enforcement: If the court rules in favor of eviction, the landlord can ask the bailiff (deurwaarder) to enforce the eviction. The bailiff is authorized to remove the tenant if they refuse to leave voluntarily, although this can also take some time.

Legislation

On August 1 2003, there was a complete restructuring of the general rules of tenancy in the Dutch Civil Code. Since then it has been improved based on new developments in the rental market.