Legal Terms

Rent Commission

Huurcourtage

A 'rent commission' ('courtage') charged to a tenant by the landlord's agent is illegal in the Netherlands; the party that hires the agent pays the fee.

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Review Rent Commission Through Eligibility Rules, Contract Relevance, and Application Use

The Rent Commission entry explains general usage; exceptions, contracts, and official guidance determine how far that explanation applies.

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The Core Rule: He Who Hires, Pays

'Rent commission', known in Dutch as courtage or bemiddelingskosten, is the fee paid to a real estate agent (makelaar) for their services in mediating a rental agreement. For years, it was common practice for agents hired by the landlord to charge this commission to the new tenant. This practice has been declared illegal by the Dutch Supreme Court. The law is now crystal clear: the party that gives the agent the formal assignment (opdracht) to mediate is the party that must pay the commission. In almost all cases when a tenant responds to a property advertised on a public platform like Pararius or Funda, the agent is working on behalf of the landlord. Therefore, the landlord is responsible for paying the agent's commission. An agent who is working for the landlord is legally forbidden from charging a fee to the tenant.

Illegal Fees in Disguise

Despite the clear laws, some unscrupulous agents still try to charge tenants illegal fees by giving them different names. They might try to levy a mandatory, non-refundable 'administration fee' (administratiekosten), 'contract fee' (contractkosten), or 'processing fee' at the start of a tenancy. If the agent is working for the landlord and this fee is a mandatory condition for renting the property, it is an illegal commission in disguise, and the tenant is not obligated to pay it. Legitimate administration costs must be for an actual, optional service rendered to the tenant, and the cost must be reasonable and proportional to that service. A standard fee of one month's rent is never a legitimate administration cost.

How to Reclaim Illegal Fees

Many tenants, desperate to secure housing, pay these illegal fees. The good news is that these fees can be reclaimed. If you have paid a commission to an agent who was clearly working for the landlord, you can take legal action to get your money back. The claim period for this is several years. The process involves sending a formal letter demanding a refund, and if that fails, starting a case with a court. There are several specialized legal services and tenant advocacy groups, like the Woonbond, that can assist with this process. Always pay such fees via bank transfer with a clear description, as this creates a strong evidence trail.