Waiving a Fee That Shouldn't Exist
The concept of an 'application fee waiver' refers to a request from a prospective tenant to be exempted from paying a fee simply to submit a rental application. In some international rental markets, particularly the US, non-refundable application fees are a standard part of the process, used to cover the costs of screening. However, in the context of the Dutch rental market, the idea of a waiver is largely irrelevant because the underlying fee itself is almost always illegal.
The Illegality of Application Fees in the Netherlands
Dutch rental law is highly protective of tenants when it comes to extra fees charged by landlords and agents. Charging a potential tenant a non-refundable fee simply for the 'privilege' of being considered for a property is generally considered an 'unreasonable clause' (onredelijk beding). The reasoning is that the process of finding and screening a tenant is part of the landlord's normal cost of doing business; it is not a service provided to the tenant. Therefore, this operational cost cannot be passed on to the applicant.
These illegal application fees should not be confused with other, more well-known illegal charges, such as:
- Agency Fees (
Bemiddelingskosten): A fee charged by an agent to a tenant when the agent is clearly working on behalf of the landlord.
- Contract Costs (
Contractkosten): A fee for the simple act of drawing up a standard rental agreement.
- Key Money (
Sleutelgeld): A fee for the physical handing over of the keys.
All of these fees, including a basic application fee, are considered unlawful attempts to extract extra money from tenants.
The Correct Approach: Challenge, Don't Waive
Because these fees are on such shaky legal ground, the concept of asking for a 'waiver' is the wrong approach. Requesting a waiver implies that the fee is legitimate but that you are seeking a special exemption. The correct stance for a tenant is not to ask for an exemption, but to challenge the legality of the fee itself. A prospective tenant who is asked to pay a fee to apply should question the agent or landlord, stating that such fees are not permitted under Dutch law. If a tenant has already paid such a fee, they are often entitled to reclaim it through legal proceedings at the kantonrechter (sub-district court). Therefore, the conversation around application fees in the Netherlands is not about waivers, but about the fundamental illegality of the charge in the first place.
