A Red Flag Term for an Illegal Practice
'Referral fee' is not a standard legal term in the Dutch rental market. If a real estate agent (makelaar) or landlord is charging you a 'referral fee' as a condition of renting a property, you should treat it as a major red flag. This is almost certainly a creative and deceptive name for an illegal commission or bemiddelingskosten. The law states that if an agent is acting on behalf of the landlord to find a tenant (which is the case for 99% of properties advertised online), they cannot charge any fee to the tenant. The landlord, who is the agent's client, must pay for their services. Calling the fee a 'referral fee', 'contract fee', 'administration fee', or any other inventive name does not change its illegal nature.
The Principle of 'Serving Two Masters'
The legal principle behind this rule is the prohibition against 'serving two masters' (het dienen van twee heren). An agent is hired by and represents the interests of the landlord. It is considered a conflict of interest for them to also charge a fee to the tenant, as they are not representing the tenant's interests. Any mandatory, non-refundable fee that a tenant must pay to the landlord's agent to secure a property is considered an illegal commission, regardless of the label the agent attaches to it. The only exception is if the fee is for a truly optional, additional service that the tenant has explicitly requested, and the fee is a reasonable reflection of the cost of that service.
What to Do if You Are Charged a 'Referral Fee'
If you encounter an agent demanding such a fee, you are in a strong legal position. You can refuse to pay it, stating that you know it is illegal bemiddelingskosten. In the competitive housing market, this might mean the agent will refuse to rent to you (which is also illegal, but hard to prove). An alternative, and often more practical, strategy is to pay the fee to secure the apartment—always via a traceable bank transfer with a clear description—and then take legal steps to reclaim the full amount after you have moved in. You have a very high chance of success in court, as the law is firmly on the tenant's side on this issue.
