The Mandatory 'Eindschoonmaak'
At the end of a tenancy, it's common to find a clause in the rental agreement, particularly in the free sector and for furnished apartments, mandating a 'final cleaning' (eindschoonmaak). This often takes the form of a compulsory fee for a professional cleaning service hired by the landlord, which is then deducted from the tenant's security deposit. Landlords justify this by claiming it ensures the property is returned to a professional standard for the next tenant. While this may sound reasonable, the mandatory final cleaning fee is one of the most legally dubious and frequently disputed charges in Dutch rental practice. The core of the issue lies in the conflict between contractual freedom and the legal principle that a tenant's primary obligation is simply to return the property in the same condition they received it, accounting for normal wear and tear.
Legal Standing and 'Unreasonable Clauses'
The fundamental rule in Dutch rental law is that upon leaving, a tenant must surrender the property in the state described in the initial inspection report (opleveringsrapport). If there was no initial report, the law presumes the tenant received it in good condition and must return it as such. The concept of 'normal wear and tear' (normale slijtage) is key—a tenant is not responsible for the gradual aging of a property. A mandatory professional cleaning fee can be, and often is, considered an 'unreasonable clause' (onredelijk beding). If a tenant has thoroughly cleaned the apartment themselves to the standard it was in at the start of the lease, forcing them to also pay for a professional service they don't need can be legally unenforceable. The landlord's strongest argument for the fee is if they can prove, via the check-in report and invoices, that the apartment was professionally cleaned immediately before the tenant moved in. In that case, they can argue the 'same state' means 'professionally cleaned'. Without this proof, the clause is on very shaky legal ground.
Fixed Fees vs. Actual Costs
Landlords typically try to levy this charge in one of two ways:
- A Fixed Fee (
vast bedrag): The contract specifies a set amount, for example, €250, for final cleaning. This is the most legally problematic method. Dutch law states that landlords cannot profit from service-related charges passed on to tenants. A fixed fee, not backed by an actual invoice, can be easily challenged as an attempt to generate profit rather than cover a real cost.
- Deduction of Actual Costs: A more common and slightly more defensible method is for the landlord to hire a cleaning company and deduct the invoiced amount from the security deposit. While this appears more transparent, it's still open to abuse. The tenant has no control over which company is hired and can be presented with an inflated invoice. Tenants should always demand to see a copy of the actual, itemized invoice from the cleaning company. Refusal to provide one is a major red flag.
Tenant's Rights and Best Practices
To protect themselves, tenants should be proactive. Before signing a lease, question any clause about mandatory professional cleaning. At the end of the tenancy, tenants should perform their own meticulous cleaning and, crucially, document it with extensive photos and videos taken during the final move-out inspection (eindinspectie). This evidence is invaluable in a dispute. A tenant can also preemptively hire their own certified cleaning company and provide the invoice to the landlord, which often satisfies the contractual obligation at a potentially lower cost. If a landlord unfairly deducts a cleaning fee from the deposit, the tenant can formally dispute it in writing and, if necessary, take the case to court to reclaim their money. The law is often on the side of the tenant, provided they have acted reasonably and have evidence of their own cleaning efforts.
