The Sanctity of Your Home
One of the most fundamental rights a tenant has in the Netherlands is the right to woongenot (quiet enjoyment of the home) and the protection of their domestic privacy (huisvrede), which is enshrined in the Dutch constitution. This means that once you have signed a rental agreement and have the keys, the apartment is your private domain. Your landlord cannot enter your home whenever they please, even if they own the property. Unlawful entry by a landlord is considered trespassing. While most landlords retain a spare key, this is legally intended for use only in extreme emergencies (like a fire or a major burst pipe when the tenant is unreachable), not for routine checks or casual access.
Permission is Paramount
For any non-emergency situation, a landlord must request and receive the tenant's explicit permission before entering the property. The tenant is not a guest in the landlord's house; the landlord is a visitor to the tenant's home. This principle holds true for all situations, including routine inspections, maintenance repairs, and viewings for prospective new tenants or buyers. A clause in a rental contract that claims to give the landlord an unconditional right to enter at any time is legally void and unenforceable. The tenant has the right to refuse entry if the landlord shows up unannounced.
The Rule of Reasonableness
While the tenant's right to privacy is paramount, it is not absolute. A tenant cannot unreasonably refuse all access to the landlord. The tenant has a legal duty to cooperate with necessary repairs or legitimate viewings. The law operates on a principle of reasonableness and mutual agreement. The landlord must provide proper notice and propose a reasonable time, and the tenant should cooperate in finding a mutually convenient schedule. The system is designed to balance the landlord's need to maintain their property with the tenant's fundamental right to privacy and security in their own home.
