A House is a House: The Law Remains the Same
In the Dutch rental market, you might see listings for a villa, a bungalow, a herenhuis (townhouse), or a vrijstaand huis (detached house). From a legal standpoint, these terms are purely descriptive. There is no separate legal category for a 'villa lease' or a 'bungalow lease'. Whether you are renting a 30m² studio apartment or a 300m² detached villa with a garden, the rental agreement falls under the same body of law: the law for residential space (huurrecht voor woonruimte). This means that the fundamental rights and protections afforded to tenants—regarding lease termination, rent increases, and the landlord's maintenance obligations—are exactly the same. The type or size of the property does not alter the core legal framework of the landlord-tenant relationship.
The Major Practical Difference: Maintenance Responsibilities
Despite the legal uniformity, the practical realities of renting a standalone house differ significantly from renting an apartment, primarily in the area of maintenance (onderhoud). An apartment is part of a larger structure, and the maintenance of the exterior, roof, and common areas is handled by the Owner's Association (VvE). With a detached or semi-detached house, the tenant is in direct possession of the entire structure and its surrounding land. This introduces a range of maintenance responsibilities that must be clearly defined in the rental contract to avoid disputes.
The Garden (Tuin): A Common Point of Contention
The most frequent source of disagreement when renting a house is garden maintenance (tuinonderhoud). The law provides a general framework based on the distinction between minor, day-to-day upkeep (tenant's duty) and major, structural maintenance (landlord's duty). In the context of a garden, this typically breaks down as follows:
- Tenant's Responsibility (
kleine herstellingen): Regular, simple tasks that do not require specialist skills or significant expense. This includes mowing the lawn, removing weeds, sweeping leaves, and trimming small hedges and bushes to keep the garden tidy.
- Landlord's Responsibility (
groot onderhoud): Major, infrequent, or structural tasks. This includes major pruning or felling of large trees, replacing rotten or broken fences and gates, repairing paving on a terrace or driveway, and maintaining or replacing a garden shed.
Read the Contract Carefully: The Skeptical Approach
A well-drafted rental agreement for a house will contain a detailed clause specifying the exact division of garden maintenance tasks. However, many contracts use vague, ambiguous language, such as "the tenant is responsible for the upkeep of the garden." This is a recipe for conflict. A landlord might interpret this to mean the tenant must professionally prune large trees, while the tenant believes it only covers mowing the lawn. Before signing a lease for a property with a garden, a prospective tenant must insist on clarity. It is wise to have a detailed list of responsibilities appended to the contract. Without this clarity, the tenant may find themselves in a dispute over the cost of a professional gardener or facing a claim against their deposit for 'neglecting' the garden.
