A Spectrum of Dubious Charges
A 'non-refundable fee' is an umbrella term for any upfront payment—other than the first month's rent and the security deposit—that a landlord or agent requires from a tenant with the stipulation that it will not be returned, regardless of the outcome. The names for these fees are endlessly creative and deliberately opaque, designed to sound official while obscuring their often-illegal nature. Common examples include:
- Administration Costs (Administratiekosten): A vague charge for supposed paperwork.
- Contract Costs (Contractkosten): A fee for the 'service' of drawing up a standard rental agreement.
- Key Money (Sleutelgeld): A direct, illegal payment demanded in exchange for the keys to the property.
- Viewing Fees: A charge simply to be allowed to see the apartment.
These fees are presented as a standard and non-negotiable part of the rental process. The agent or landlord will insist that the payment is required to 'reserve' the property or to cover their operational costs. The 'non-refundable' clause is used as a tool of intimidation, discouraging tenants from questioning the legality of the charge or asking for their money back if they do not get the apartment or later realize they were scammed.
Presumed Illegal Until Proven Otherwise
A tenant in the Netherlands should operate under the assumption that any and all non-refundable fees are illegal. The law is firmly on the tenant's side. Landlords can only charge for the actual rent and a refundable security deposit (which is now legally capped). Any other fee is only permissible if it corresponds to a specific, optional service requested by and provided exclusively for the benefit of the tenant—a scenario that is virtually non-existent in practice. A fee for drawing up a contract is illegal, as the contract benefits the landlord as well. 'Key money' is explicitly forbidden. Vague 'administration' fees are considered part of the landlord's cost of doing business. The presence of a non-refundable fee is one of the biggest red flags of a dubious or outright malicious landlord or rental agency. While these fees are unlawful, they prey on a tenant's lack of knowledge and desperation. The power imbalance in the housing market means that many tenants pay these fees, knowing they are likely illegal, simply because the alternative is to remain homeless. For those who do pay, the money can often be reclaimed later through legal channels, but the process requires effort and a willingness to confront the landlord or agent.
