Decoding Dutch Rental Contracts: Terms, Durations, and Service Costs

Introduction

This chapter demystifies Dutch rental contracts so you can sign (or renegotiate) with confidence—especially in Rotterdam, where local rules and market conditions add extra twists. We’ll explain contract types and durations, notice rules, indexation (annual rent increases), diplomatic clauses, deposit and inspection rules, the points system (WWS) for rent caps, and how service costs must be calculated and settled. You’ll also learn the steps to dispute a rent or service-cost bill with the Huurcommissie (Rent Tribunal), how BRP registration interacts with your contract, and which provisions are mandatory under Dutch law.

If you misunderstand these items, you risk overpaying, missing deadlines (e.g., to challenge the initial rent), or accepting illegal clauses (e.g., excessive deposits or non-compliant indexation). This chapter is built as a standalone reference with current national rules and Rotterdam-specific notes.

How Dutch Contracts Are Structured

Two pillars: national law + local practice

Dutch tenancy law (Book 7 BW) sets the backbone for what may and may not be agreed. Municipalities can add rules (e.g., permits, enforcement). Rotterdam also issues practical guidance and can switch certain permit requirements on or off over time, so always check the municipal website for the current status.

Legal Tip: The Netherlands now regulates three rent segments: social, middenhuur (mid-rent), and free sector. From 1 July 2024 the Affordable Rent Act (Wet betaalbare huur) began phasing in; from 1 January 2025 the expanded points system (WWS) caps initial rents up to 186 points. Above that, the home is in the liberalised (free) sector.

Contract types you’ll see

• Indefinite-term (onbepaalde tijd): Since 1 July 2024, this is the default for new tenancies. Temporary contracts are no longer the norm, with limited exceptions (e.g., specific target groups).
• Fixed-term (bepaalde tijd) under new regime: Only permitted for specific exception categories defined by the government. Standard one- or two-year “try-out” contracts were abolished. Existing temporary contracts signed before 1 July 2024 can still run their course.
• Campus/student rooms & short-stay exceptions: Still possible within the exception framework, but the justification must match the regulation; landlords carry the burden to prove the exception.

Rent Segments, Points & Price Caps (2025)

The woningwaarderingsstelsel (WWS) assigns points to your home (size, energy label, amenities, location, outdoor space, etc.). Your home’s points determine whether your initial rent is capped (social + mid-rent) or uncapped (free sector).

• Up to 186 points: Regulated—social (lower points) or middensegment (mid-rent; the “new” cap).
• 187+ points: Free sector (liberalised).
• Liberalisation threshold (after mid-rent introduction): € 1,184.82 monthly (2025 level).

Pro Tip: From 1 January 2025, landlords must attach the point calculation to every new contract. Ask for it; it’s your map to the legal maximum. If the points are wrong, your rent may be too high.

What this means for Rotterdam

Rotterdam’s market is competitive. In Q2 2025, average asking rents in the city hovered around €28.97/m² (all types). That puts a typical 60 m² apartment near €1,738 per month (exclusive). Individual homes vary widely by area and finish.

Scam Alert: If a landlord refuses to show the point tally for a home that should be regulated (≤186 points), treat that as a red flag. Walk away or escalate.

Annual Rent Increases (Indexation) in 2025

Your contract may include an indexation clause, but increases must respect statutory caps:

• Social & mid-rent (regulated segments): For 2025, the rent increase can be up to 7.7%, but never above the WWS maximum for your points. If your current rent is already at the maximum, the landlord cannot raise it. You can ask the Huurcommissie or your municipality to check a proposed increase.
• Free sector (liberalised): From 1 January – 31 December 2025, the cap is 4.1% (CPI + 1% under the extended law on max annual increases).

Legal Tip: Even if your contract says “CPI + X%”, the statutory cap wins when it’s lower. A clause that exceeds the legal maximum is unenforceable.

Example — sanity-check an indexation

• Current regulated rent: €1,050
• Proposed increase (2025): 7.7% ⇒ €81 up to €1,131
• But: if your WWS maximum is €1,120, the lawful increase can only go up to €1,120. Anything higher must be refused.

Deposits, Inspections & Returning Your Keys

Deposit (waarborgsom)

• Maximum deposit: 2 months of the basic (kale) rent, nationwide since 1 July 2023 under the Wet goed verhuurderschap (Good Landlordship Act). Clauses demanding more are illegal.
• When must it be returned? Under Civil Code art. 7:261b, your deposit must be returned within 14 days after the tenancy ends if there are no deductions. If the landlord deducts for damage or arrears, they must justify in writing and return the balance within 30 days.
• Information duty: The Good Landlordship Act also requires written information on deposit handling and the timeline, given with the contract or as an annex.

Pro Tip: Always do check-in and check-out with a signed inspection report and dated photos. No intake report = landlord has a weaker position to claim damages. (This follows general burden-of-proof rules applied in Dutch tenancy disputes.)

What if the landlord delays?

Send a formal written reminder (ingebrekestelling) with a deadline. If unresolved, you can escalate to the kantonrechter or seek help; in practice many disputes settle quickly once you reference art. 7:261b BW and the Good Landlordship information duties.

Service Costs: What Counts, How to Check, How to Dispute

Servicekosten are costs for communal services and supplies (e.g., cleaning, common-area lighting, caretaker), plus furniture/appliances in furnished lettings (as “roerende zaken”). They’re not a profit item: you pay actual costs, settled annually with a transparent statement.

What may be charged?

The Besluit servicekosten (Service Costs Decree) lists permitted categories; the Huurcommissie Policy Book (July 2025) clarifies typical items and what is not allowed (e.g., vacancy loss, taxes). Admin fees are allowed only for the admin related to service costs; the Huurcommissie treats them narrowly.

Common allowed items (examples):

• Cleaning of common areas (stairwells, corridors)
• Electricity for common-area lighting & elevators
• Caretaker/concierge (huismeester) costs (reasonably apportioned)
• Furniture/appliance depreciation & maintenance (furnished lets)
• Administration related to metering/allocation and service-cost settlement

Commonly disallowed:

• General taxes and landlord overhead
• Vacancy losses, penalties, or financing costs
• Major repairs (that’s landlord’s responsibility)

Legal Tip: Your landlord must send the annual settlement within 6 months after the calendar year to which the costs relate (i.e., by 30 June). If not received, you can demand it and later take it to the Huurcommissie. You generally have up to 24 months to file.

Rotterdam reality: what do these numbers look like?

Indicative monthly service-cost ranges (real-world, vary by building):

• Common-area cleaning & lighting in a small walk-up: €20–€45
• Elevator buildings & caretaker: €40–€120
• Furniture package (furnished lets): €25–€85 These are illustrative; your actuals must match evidence in the annual statement. Use the Huurcommissie’s guidance to benchmark line items.

How to audit your service costs (step-by-step)

1. Collect documents: yearly statement, invoices for cleaning/caretaker, meter summaries.
2. Check categories: are all items permitted under the Decree/Policy Book? Move questionable items to a “dispute” list.
3. Check allocation method: per m², per household, or metered? Look for consistency with your contract and building practice (policy book covers allocation models).
4. Compare advance payments vs. actuals: is the deficit/surplus credible?
5. Write a reasoned objection to the landlord.
6. Still stuck? File with the Huurcommissie (low fee; refunded if you largely win).

Legal Requirements in the Netherlands (2024–2025)

Requirement	Description (2024–2025)	Source
Contract type	Indefinite-term is standard from 1 July 2024; temporary only for specific exceptions.
WWS reach	Points-based cap now applies through mid-rent up to 186 points (from 1 Jan 2025).
Liberalisation threshold	After mid-rent introduction, € 1,184.82 (2025).
2025 rent increase – regulated	Max 7.7% in 2025; cannot exceed your WWS maximum.
2025 rent increase – free sector	Max 4.1% (CPI + 1%).
Deposit cap	Max 2 months basic rent (since 1 July 2023).
Deposit return	14 days (no deductions) / 30 days (with itemised deductions) under art. 7:261b BW.
Service-cost settlement	Annual statement must be provided within 6 months after the year end.
Initial rent challenge (regulated)	Generally within 6 months from start date via Huurcommissie.
BRP registration	Notify move up to 4 weeks before or within 5 days after moving; Rotterdam aligns with this.
Good Landlordship Act	Written contract/information duties; link to WWS value in contract; no unlawful service charges; no discrimination.

Notice Rules & Ending the Tenancy

If you (tenant) end an indefinite contract

• Standard notice: 1 month (often stated as one calendar month), unless your contract is more tenant-friendly. Keep it written and dated.

If the landlord ends an indefinite contract

• They must cite a legal ground (e.g., urgent own use), respect longer notice (min. 3 months + 1 per year of tenancy up to 6 months), and—if you don’t agree—go to court. You cannot be evicted by letter alone.

Fixed term under exceptions

• If a lawful temporary contract applies (post-2024 exceptions), it ends as agreed, but landlords must still follow notification rules. If in doubt, assume extra scrutiny; misuse of temporary forms leads to nullity or conversion to indefinite.

Diplomatic Clause (Diplomatenclausule)

A diplomatic clause lets a landlord rent out their home temporarily because they (or a designated third party) will move back in. Strict conditions apply; if not properly drafted, the tenant keeps security of tenure. The clause is tied to statutory grounds for termination (own use) and must be specific and verifiable.

Pro Tip: If you’re offered a “diplomatic clause” as a tenant escape hatch for job relocation, ensure the clause mirrors your actual relocation scenario (with certificates from employer). Courts/Huurcommissie scrutinize vague language.

Rotterdam-Specific Notes (Permits & Sharing)

• Housing permit (HVV): Rotterdam can require a huisvestingsvergunning in designated areas and switch the requirement on/off. At the time of writing, the city indicates no HVV is needed, but guidance can change—check the municipal page when you move.
• Room-sharing (woningdelen): In many areas it’s (again) possible to get a permit for three sharers; four or more is harder and depends on quotas/areas. Expect strict enforcement on nuisance.

Legal Tip: If a permit is required for your address and you didn’t get one, you may not be able to register (BRP) at that address. Contracts often make compliance a tenant obligation; check before signing.

Understanding “Unfurnished” vs. “Upholstered” vs. “Furnished”

• Kaal (unfurnished): In the Netherlands, this can literally mean no flooring, curtains, or light fixtures. Expect bare bulbs and subfloor.
• Gestoffeerd (upholstered): Usually includes flooring, curtains, basic lighting.
• Gemeubileerd (furnished): Adds furniture and appliances; service costs may include depreciation/maintenance of these items (must be reasonable and evidenced).

Pro Tip: Always request an inventory list with condition notes for furnished lets. This limits arguments at move-out.

Step-by-Step: Check if Your Rent Is Legal (2025)

1. Get the point tally from the landlord (mandatory from 1 Jan 2025). If missing, ask in writing.
2. Recalculate using the Huurcommissie’s online huurprijscheck (or ask a tenant help desk).
3. Compare initial rent to the WWS maximum for your points.
4. If too high and you’re within 6 months of your start date (regulated home), file with the Huurcommissie to lower it retroactively.
5. Keep all documents (listing, contract, photos, energy-label proof). Missing data often leads to downward adjustments.

Step-by-Step: Dispute a Rent Increase

1. Read the notice: is the percentage within the 2025 cap (7.7% regulated; 4.1% free sector)?
2. Regulated: verify that the new rent doesn’t exceed the WWS maximum.
3. Object in writing within the stated timeframe.
4. Ask the municipality (2025) or file with Huurcommissie for a decision if the landlord insists.

Step-by-Step: Dispute Service Costs

1. Wait for the annual statement (due by 30 June each year for the prior calendar year).
2. Request underlying invoices and allocation keys if not provided.
3. Challenge disallowed items (e.g., taxes, vacancy) with references to the Service Costs Decree and Policy Book.
4. Huurcommissie filing: concise list of disputed items, proof of your prior objection, and your calculation of what’s reasonable. (The fee is modest and reimbursed if you largely win.)

Who Pays for What? (Repairs & Maintenance)

Item / Repair	Who Pays?	Notes
Small, day-to-day repairs (e.g., descaling taps, replacing toilet seat, tightening door handle)	Tenant	Listed in Besluit kleine herstellingen.
Major repairs (e.g., boiler replacement, exterior painting, roof leaks)	Landlord	Landlord’s instandhoudingsplicht (duty to maintain).
Common-area cleaning/lighting	Tenant via service costs	Must be actual, evidenced costs; settled annually.
Furniture/appliances in furnished lets	Tenant via service costs	Only reasonable costs and depreciation.
Pest infestations (building-wide)	Landlord	If structural; tenant pays small, routine prevention.

Pro Tip: If serious defects persist, you can ask the Huurcommissie to impose a temporary rent reduction until the landlord repairs. Keep evidence and allow access for fixes.

Registration (BRP) and Your Contract

You must register your address in the BRP at the municipality within five days after moving, or up to four weeks before. Rotterdam follows these national timelines; you can submit your move online. Delayed registration can complicate allowances (e.g., rent benefit), permits, and even deposit returns (landlords may require proof of deregistration at move-out).

Scam Alert: A landlord who forbids BRP registration is a major red flag. Refuse and report via the municipal hotline (required under the Good Landlordship Act).

Costs in Context: Rotterdam Benchmarks (2025)

• Average asking rent (all types, Q2 2025): ~€28.97/m². A 50–70 m² apartment typically asks €1,450–€2,050 (exclusive), depending on finish and location.
• Market trend: Private (free-sector) listings decreased sharply nationwide; strong demand pushes prices up. Expect heavy competition for quality homes.

Pro Tip: In regulated segments (social/mid-rent), the WWS maximum can be below the asking rent. If points < 187 but the price looks like free sector, run a points check before you sign.

Contract Clauses Worth Reading Twice

1. Indexation formula — Must stay within legal caps. Avoid clauses that say “landlord’s discretion” or fixed € increases.
2. Deposit wording — Cap at 2 months, include return deadlines and inspection process.
3. Service-cost annex — List categories and allocation method; annual settlement rule and evidence requirement.
4. Use of premises — Subletting, room-sharing, and BRP registration permissions; check for Rotterdam permit triggers.
5. Diplomatic clause — Only if clear and compliant; otherwise you keep security of tenure.
6. Agency/mediation fees — If the agent acts for the landlord, they cannot charge the tenant (Civil Code 7:417 lid 4; also reflected in Good Landlordship).

Table: Segments & 2025 Rules at a Glance

Segment	WWS Points	Initial Rent Rule (2025)	2025 Increase Cap	Who Can Challenge
Social	≈ ≤143 (indicative)	Capped by WWS maximum.	Up to 7.7%, but cannot exceed WWS max.	Huurcommissie / Municipality.
Mid-rent	144–186	Capped by WWS maximum (post-law).	Up to 7.7%, within WWS cap.	Huurcommissie / Municipality.
Free sector	≥ 187	No initial cap (but check misclassification).	4.1% in 2025.	Huurcommissie (for service costs/defects); courts for rent.

Note: The liberalisation threshold after mid-rent is € 1,184.82 (2025). A new contract below that cap and ≤186 points falls under regulation.

Common Mistakes (and How to Avoid Them)

• Signing a “temporary” contract that isn’t allowed under the post-2024 regime. Fix: Ask which exception applies; if none, insist on indefinite.
• Accepting >2 months deposit because “that’s standard for expats.” Fix: It’s illegal; cite Good Landlordship and 7:261b BW return rules.
• Not challenging initial rent within 6 months for regulated homes. Fix: Mark your calendar; use the Huurcommissie.
• Paying “registration” or “mediation” fees to the landlord’s agent. Fix: Refuse and cite 7:417(4) BW / Good Landlordship.
• Ignoring BRP registration or Rotterdam permit notes. Fix: Register within 5 days and check the current HVV status for your address.
• Overpaying service costs due to vague statements. Fix: Demand invoices; challenge non-eligible items via Huurcommissie.

Worked Example: Is My 60 m² Apartment Properly Priced?

• Asking rent: €1,725 (exclusive), Rotterdam, 60 m².
• Market lens: City average Q2 2025 ≈ €28.97/m² → €1,738 (close to asking). Good sign for free sector pricing.
• Regulation lens: If WWS points are ≤ 186, initial rent must be ≤ WWS maximum. Ask for the point tally. If tally says ≤ 186 but rent exceeds the cap, you can seek correction.
• Indexation lens (2025): Future increases capped at 4.1% (free) or 7.7% (regulated) within the WWS max.

Rotterdam: Cultural & Regional Insights

• Finish levels differ: “Unfurnished” can be very bare (no flooring/fixtures), common in the private market. Budget for flooring and lamps.
• Elevator + concierge raise service costs: High-rises along the Maas (Kop van Zuid, Delftshaven redevelopments) often carry higher communal costs—verify invoices at settlement.
• Sharing rules matter: For housemates, check kamerbewoning permits and noise/nuisance policies; the city can revoke permits after complaints.

Quick Checklist Before You Sign

• [ ] Contract shows indefinite term (unless a valid exception).
• [ ] WWS point tally attached (new contracts from 1 Jan 2025).
• [ ] Annual indexation clause respects statutory caps.
• [ ] Deposit ≤ 2 months, with 14/30-day return language and inspection checklist.
• [ ] Service-cost categories and allocation spelled out; annual settlement by 30 June.
• [ ] BRP registration allowed; check current HVV status for address.
• [ ] No agency fee to landlord’s broker; information sheet per Good Landlordship provided.

Example Contract Language (What “Good” Looks Like)

Indexation: “The rent may be adjusted once per year on 1 July, not exceeding the statutory maximum applicable to the dwelling’s segment (regulated or liberalised). Where the calculated increase would exceed the WWS maximum (regulated), the rent is capped at that maximum.”

Service Costs: “Tenant pays monthly advances for the service-cost categories listed in Annex 1, to be annually settled by 30 June with underlying invoices and allocation keys. Only costs allowed by the Besluit servicekosten (and the Huurcommissie policy) will be settled.”

Deposit: “Tenant pays a deposit equal to two months basic rent. Landlord returns it within 14 days after key handover if no deductions apply; otherwise a written itemisation is provided and the balance is returned within 30 days, as per art. 7:261b BW.”

Tables You’ll Use Again

A. Responsibilities Cheat-Sheet

Area	Tenant	Landlord
Small repairs (e.g., descaling taps, replacing bulbs, minor sealant)	✔
Major repairs (e.g., roof, façade, boiler replacement)		✔
Common areas cleaning/lighting (via service costs)	✔
Structural defects, leaks, unsafe wiring		✔

Legal bases: Besluit kleine herstellingen and Rijksoverheid guidance.

B. 2025 Legal Limits & Deadlines

Topic	Rule	Where to Check
Deposit	Max 2 months
Deposit return	14/30 days with explanation
Rent increase (regulated)	Up to 7.7% and ≤ WWS max
Rent increase (free)	4.1%
Service-cost statement	Due by 30 June
Initial rent challenge	Within 6 months
BRP registration	≤5 days after move (or 4 weeks before)

C. Segments & Huurcommissie Pathways

Segment	Can Huurcommissie set rent?	Service-cost disputes?
Social & mid-rent	Yes (price caps apply)	Yes
Free sector	Limited (initial rent classification challenge, defects)	Yes

From 2025, municipalities can also check regulated-segment increases.

Callouts You Should Remember

Scam Alert: Never wire a deposit or first month’s rent before you’ve seen the home, signed a compliant contract, and verified whether an HVV is currently required in Rotterdam.

Legal Tip: The Good Landlordship Act obliges landlords to provide an information sheet covering deposit rules, service-cost settlement, contact details, complaint hotline, and the WWS valuation/maximum. Ask for it.

Pro Tip: Use the market €/m² as a reality check, but always test regulated homes against the WWS maximum—market price does not override statutory caps.

Closing: How to Use This Chapter

1. Before viewing: Check if your target address currently needs an HVV; plan BRP registration.
2. Before signing: Confirm indefinite term, verify WWS points (≤186 → cap), and ensure the deposit and service-cost clauses comply.
3. After move-in: Keep photos, meter readings, and inventory lists.
4. Annually: Check indexation against caps and audit service-cost settlements by 30 June.
5. If something’s off: Use the Huurcommissie time windows (6 months for initial rent; service costs within statutory periods).

Key Takeaways

• Indefinite contracts are standard since 1 July 2024; verify any claimed exception.
• The WWS now caps initial rents up to 186 points (mid-rent). Above that is free sector; the 2025 liberalisation threshold is € 1,184.82.
• 2025 caps: 7.7% (regulated, within WWS max) and 4.1% (free sector).
• Deposit is capped at 2 months, returned in 14 days (or 30 with itemised deductions).
• Service costs must reflect actual expenses, settled annually by 30 June with evidence; challenge non-eligible items.
• BRP registration within 5 days (or 4 weeks before) is essential; in Rotterdam, check current HVV status.
• When in doubt, Huurcommissie and the municipality are your best allies—use the deadlines.