Dealing with Landlord Disputes and Evictions

Introduction

Landlord–tenant conflict can escalate quickly in the Netherlands, especially when the topic is urgent repairs, rent increases, deposit refunds, or ending the tenancy. This chapter gives you a clear, practical route to resolve issues early and calmly, explains the legal backbone that governs disputes, and shows what must happen before any eviction can take place. We walk through evidence basics, municipal and mediation options, when and how to go to the Huurcommissie (Rent Tribunal), and the civil-court path for terminations and evictions. If you understand these tools and timelines, you’ll avoid common mistakes, spot scams fast, and keep control of the process.

Why it matters: In Dutch law, landlords cannot evict you themselves; only a judge and court bailiff can. Knowing this helps you react with confidence if you receive a termination letter, face pressure to leave, or encounter “self-help” tactics.

How Dutch tenancy disputes are structured

The three main “tracks”

When a conflict appears, there are three primary avenues:

1. Work it out directly with evidence, calm documentation, and (if needed) community mediation via your municipality. The judiciary also explicitly encourages mediation in housing disputes.
2. Go to the Huurcommissie for many rent, service-charge, and maintenance disputes—especially in the social and middle segments, and in some cases for the private/free sector (not for evictions). The Huurcommissie is a neutral public body.
3. Go to the civil court (kantonrechter) for terminations/evictions and certain disputes the Huurcommissie can’t decide. Eviction only happens after a court judgment and is carried out by a court bailiff.

Legal Tip: Since 1 July 2024, permanent (onbepaalde tijd) contracts are again the norm under the Wet vaste huurcontracten, with limited exceptions for specific groups (e.g., some students). This affects how and when a landlord may try to end a tenancy.

Evidence & communication: set yourself up for success

Build a clean record from day one

• Keep everything in writing. Confirm phone calls via email or letter the same day.
• Create a timeline: dates of issues, who you contacted, what was agreed.
• Photograph and video defects, meter readings, and check-in/check-out conditions.
• Use formal letters for serious steps: send by registered post (aangetekend) and email.
• Be specific: reference article numbers or public guidance when you can, and set reasonable deadlines.

Pro Tip: Attach short clips or timestamped photos to your emails. Courts and the Huurcommissie appreciate contemporaneous evidence over recollections months later.

Escalation ladder: from friendly nudge to formal procedure

1. Friendly nudge: Short email describing the issue and asking for action by a reasonable date.
2. Formal notice: A registered letter repeating the issue, citing your legal basis where possible, and giving a clear deadline.
3. Mediation / Huurteam: Many municipalities sponsor Huurteams (tenant help desks) that assist with rent checks, service charges, and maintenance. Utrecht is a good example.
4. Huurcommissie: File when you have a rent, service-cost, points-system, or maintenance dispute that falls within their remit (now broader under the Wet betaalbare huur for social and middle segments).
5. Civil court: Needed for evictions/terminations or if your dispute does not fit Huurcommissie competence.

Understanding your contract in 2025: the key legal shifts

Fixed-term contracts largely phased out

• Since 1 July 2024, permanent contracts are standard, and landlords may only use a temporary contract for specific groups defined by regulation. Municipal and central-government pages confirm the change.

Deposits (waarborgsom): hard rules now apply

• Maximum deposit: 2 months of basic rent (kale huur).
• Return deadline: Within 14 days after the tenancy ends; if there is provable tenant-caused damage or outstanding debts, the landlord has 30 days to provide the remaining balance after set-off. These rules are codified in Article 7:261b BW and form part of goed verhuurderschap.

Legal Tip: The deposit cap and deadlines are now statutory. If yours was higher than two months, or not returned on time without a lawful reason, you can demand compliance (and interest/costs where applicable).

Who decides what—and when?

• Huurcommissie: rent reasonableness (points system), service-charge settlements, and temporary rent reduction due to serious defects. It does not physically force repairs or evict; courts and municipalities may need to act for enforcement.
• Municipality: from 1 January 2025, municipalities can intervene and fine landlords for excessive rent under the Wet betaalbare huur framework—even if no local letting license regime applies.
• Kantonrechter: termination/eviction decisions, enforcement orders, and disputes beyond Huurcommissie scope.

Quick reference tables

1) Legal limits & deadlines (2025)

Topic	Rule / Range	Notes & Sources
Deposit (waarborgsom)	Max 2 months basic rent	Art. 7:261b BW; return within 14 days (or 30 with proven damage/arrears).
Deposit return	14 days (or 30 with damage/arrears)	Provide itemized set-off for damages; otherwise full return.
Landlord notice period (ending a fixed/permanent contract)	3–6 months depending on tenancy length	Statutory scheme adds 1 month per year up to 6 months.
Eviction	Only after court judgment; executed by court bailiff	No “self-help” eviction by landlord.
Service-charge annual statement	Within 6 months after the financial year	If not provided, you can dispute/claim.

2) Who does what? (competence matrix)

Issue	Huurcommissie	Municipality	Court (kantonrechter)
Rent too high vs points	✔️	From 2025, can act/fine for excessive rent	✔️ (appeals / complex)
Service charges	✔️ (settlement disputes)	—	✔️ (appeal/enforcement)
Serious defects → temporary rent reduction	✔️	Can order enforcement/penalties for safety issues	✔️ (injunctions, damages)
Eviction / termination	❌	❌	✔️ (only court can end & evict)

3) Maintenance responsibilities (examples)

Item	Tenant usually pays (minor)	Landlord usually pays (major)
Light bulbs, fuses, small paint touch-ups	✔️	—
Small garden/vent grille cleaning, minor descaling	✔️	—
Boiler replacement, roof repairs, structural issues	—	✔️
Serious damp, rot, unsafe electrics	—	✔️

This split follows the Besluit kleine herstellingen and government guidance on “which costs are for the tenant vs landlord.”

Ending a tenancy and eviction: what must happen (step-by-step)

A. Termination by the landlord (not the same as eviction)

1. Written notice with a legal ground: The landlord must cite one of the statutory grounds (e.g., not acting as a good tenant; urgent own use; refusal of a reasonable new contract; zoning change; special in-home/lodger configurations). These grounds are listed in Article 7:274 BW.
2. Ask you to respond: The notice must invite you to state within 6 weeks whether you agree. If you do not agree, only a judge can end the contract.
3. Observe the notice period: Landlord notice is 3 to 6 months depending on how long you have lived there.

Legal Tip: A landlord who gives notice without a proper legal ground (or with the wrong notice period) risks the notice being void. The default outcome: the tenancy continues.

B. Court route (when you don’t agree)

If you contest the termination, the landlord must summon you to the kantonrechter (civil district court). The court considers the legal ground, both parties’ interests, and availability of other housing in some grounds (e.g., urgent own use). If the court grants termination, it sets a date for ontruiming (vacating). Actual removal is done by a court bailiff, not by the landlord.

Scam Alert: Lock-changes, power cut-offs, or intimidation to force you out are illegal tactics. Eviction is never DIY; it requires a court judgment and bailiff. Call your municipality or a legal aid adviser if this happens.

C. Rent arrears and urgent cases

Landlords often sue to dissolve (ontbinden) the contract for substantial arrears plus ontruiming. There’s no magic “3 months” rule in the statute—judges look at all circumstances—but arrears of several months are commonly treated as serious breach. If the judge orders ontruiming, the bailiff schedules the eviction and may offer a brief grace period (ontruimingstermijn). No general winter ban exists in Dutch law.

The Huurcommissie: your fast, low-cost tribunal

When to use it

• Rent reasonableness based on the Woningwaarderingsstelsel (WWS) points.
• Service charges (incorrect or missing annual settlements).
• Maintenance defects causing serious loss of enjoyment → temporary rent reduction.

The Wet betaalbare huur expanded competence for social and middle segments and strengthened municipal enforcement against excessive rents from 1 January 2025. This means more tenants can get a legal rent via Huurcommissie and, if needed, municipal fines can pressure compliance.

How to check your rent against the points system

• Use the Huurprijscheck / points tool to estimate the maximum legal rent for your home’s size, amenities, energy label, WOZ cap share, and location.
• If your points fall within social or middle segment bands but your rent is higher than allowed, you have grounds for a reduction.

Pro Tip: Keep copies of the energy label, surface area (NEN 2580 measurement if available), and photos of amenities (balcony, private facilities). These often swing the points.

Step-by-step: asking for temporary rent reduction due to defects

1. Notify the landlord first (email + registered letter) with a clear repair deadline.
2. Document defects with photos, video, and a dated list.
3. File with the Huurcommissie if serious defects persist. They can declare a temporary reduction until repairs are done; they cannot force repairs—enforcement for safety or building law issues is via the municipality or court.
4. Prepare for an inspection and a short hearing.
5. After the decision, the rent adjusts from the date you properly notified the landlord (or as determined by the Huurcommissie).

Service charges (nutsvoorzieningen & bijkosten)

• Your landlord must provide a yearly settlement within 6 months after the accounting year ends. Missing or opaque bills are a classic trigger for Huurcommissie disputes.

Municipal & regional help

• Many Dutch cities fund Huurteams for free tenant support. Utrecht’s service offers checks on rent, service costs, contracts, and intimidation. Amsterdam and other large cities operate similar schemes.
• From 2025, municipalities must act against excessive rents and can fine noncompliant landlords, complementing Huurcommissie outcomes.

Pro Tip: If your landlord ignores a lawful Huurcommissie rent outcome, contact your municipality’s housing enforcement team with the decision and a short timeline of the case.

Fees, deposits, and “extra” payments: what’s allowed

Deposit (waarborgsom)

• Max 2 months basic rent; return within 14 days (or 30 with damage/arrears and itemized set-off).

Service charges (servicekosten)

• Must be reasonable, based on actual costs, and settled annually with a transparent overview within 6 months.

Bemiddelingskosten & sleutelgeld

• If an agent already acts for the landlord, charging the tenant a fee is prohibited (the famous “verbod op dubbele bemiddelingskosten,” enforced by the ACM). Watch out for re-labeled fees like “administratiekosten” or “verhuurkosten.”

Scam Alert: Sleutelgeld or vague “contract costs” at signing are red flags and often not allowed. Always ask for the legal basis in writing and point to the ACM guidance and Rijksoverheid Q&A on extra costs.

Registration (BRP), utilities, and “self-help” pressure

• If you stay in the Netherlands 4 months or more in a half-year, you must register in the BRP. Landlords cannot forbid lawful registration; municipalities can advise you on how to register even if the landlord resists.
• No self-help eviction: Landlords cannot change locks or shut utilities to force you out. Evictions require a court judgment and bailiff. If power or water is cut as pressure, document and seek urgent legal help.

What to do when you receive a termination notice

1. Don’t panic—check the basics: Does the letter state a statutory ground (art. 7:274 BW), the notice period, and ask you to respond within 6 weeks? If not, it may be invalid.
2. Write back within 6 weeks: If you do not agree, say so clearly. That forces the landlord to go to court.
3. Prepare your case: Gather rent payment records, inspection photos, correspondence, and any Huurcommissie decisions.
4. Consider mediation: Even at this stage, courts welcome settlements.
5. If summoned to court: Attend. Explain your side calmly, with documents in order. Ask for a grace period if you need time to relocate in case of loss.

Legal Tip: If the landlord claims urgent own use (dringend eigen gebruik), the court weighs both sides and typically checks whether suitable alternative housing is realistically available for you. This is built into art. 7:274 BW’s balancing test.

Huurcommissie processes you can start (with mini–checklists)

A. Rent too high vs the points system

• When: Your home’s WWS points place it in social or middle segment but rent exceeds the legal maximum.
• What you need: Address, energy label, surface area, amenities list, photos.
• Outcome: Rent reduced to the legal ceiling; municipality may fine from 2025 if landlord refuses to adjust.

B. Service charges incorrect / missing settlement

• When: No annual overview within 6 months after year-end, or amounts look inflated.
• What you need: Receipts, meter statements, prior settlements, your contract.
• Outcome: Huurcommissie decision on what’s reasonable; refunds may follow.

C. Serious defects → temporary rent reduction

• When: Persistent serious defects (mold, major leaks, unsafe electrics) after proper notice.
• What you need: Repair requests, photos, videos, inspection notes.
• Outcome: Temporary rent reduction until repairs; municipality or court can enforce repairs where safety or building law is involved.

Examples to make it concrete

Example 1: Mold and ventilation failures

You notify the landlord of mold and a broken extractor. After two reminders and four weeks, nothing happens. You file with the Huurcommissie for temporary rent reduction. An inspector confirms serious defects; your rent is reduced to a percentage of the basic rent until repairs are done. You later inform the municipality’s housing team about building-safety concerns.

Example 2: Deposit not returned

You moved out on 1 May. The landlord must return your deposit by 15 May unless there are provable damages; with damages, the landlord must return the balance within 30 days with itemized proof. You send a registered demand on 20 May; absent evidence, you can claim statutory compliance (and costs).

Example 3: Termination for “urgent own use”

Your landlord gives notice citing urgent own use but does not state why, nor invite a response within six weeks. The notice is defective. You reply that you do not agree, forcing the landlord to court; you prepare evidence that suitable alternative housing is not realistically available.

How evictions are carried out (and how they are not)

1. Judge’s order required: Without a court judgment, there is no eviction.
2. Bailiff executes the eviction: The deurwaarder schedules a date and performs the ontruiming.
3. No lock changes / utility cut-offs to pressure you out. Report intimidation under the Wet goed verhuurderschap to your municipality.
4. After judgment: You may still ask for time (ontruimingstermijn) to move; judges sometimes grant a short delay based on circumstances.

The points system (WWS) in practice

The woningwaarderingsstelsel assigns points for size, amenities, energy performance, and other features. The total points determine the maximum lawful rent in the social and (since Wet betaalbare huur) middle segment. If your rent is above the cap for your points, you can ask for a reduction through the Huurcommissie, and municipalities may enforce compliance from 2025.

Pro Tip (calculation): Gather: floor area (m²), kitchen/bathroom quality, outdoor space, energy label, and WOZ value detail. Use the Huurcommissie’s rent calculator to estimate your maximum rent and print the result for your file.

Common mistakes (and how to avoid them)

• Waiting too long to complain about defects. Notify in writing early and set a clear deadline.
• Paying illegal “fees.” Don’t accept bemiddelingskosten if the agent works for the landlord; challenge sleutelgeld or vague “administration” charges.
• Ignoring a termination notice. You must respond within six weeks or your silence could be used against you; write back and say if you disagree.
• Assuming the landlord can evict without court. They can’t—ever—in residential cases. If threatened, document and seek help.
• Not checking the rent against WWS. Many tenants overpay without realizing; a quick points check may save hundreds monthly.
• Not demanding the annual service-charge statement. After 6 months without a settlement, escalate.

Cultural & regional insights

• Unfurnished (kaal) can be very bare. In Dutch practice, an “unfurnished” home may lack flooring and window coverings; plan for initial setup and factor this into negotiations.
• Huurteams are local. Utrecht’s Huurteam is widely used, but similar teams or tenant desks operate in several big municipalities; check your gemeente website for “huurteam” or “huurpunt.”
• Municipal enforcement is rising. From 2025, expect more proactive checks and fines for unreasonable rents, especially in Amsterdam, Rotterdam, Utrecht, and The Hague where pressure is highest.

Step-by-step playbooks

A) How to dispute rent with the Huurcommissie

1. Collect: contract, energy label, area (m²), amenity list, photos.
2. Calculate: run the Huurprijscheck / WWS points. Save the output.
3. Notify your landlord in writing: proposed lawful rent and a response deadline.
4. File at huurcommissie.nl with documents and your calculation summary.
5. Attend any inspection/hearing; be polite, factual, and concise.
6. After decision: send the outcome to the landlord; if ignored, contact your municipality (from 2025 they can fine for excessive rent).

B) How to handle serious defects

1. Report defects promptly (email + registered letter), with photos and a clear repair deadline.
2. Escalate to the Huurcommissie for temporary rent reduction if nothing happens.
3. Call your municipality’s woonoverlast/handhaving line if safety is at stake.
4. If urgent, consider an injunction via the court to compel repairs.

C) How to respond to a termination notice

1. Check form & ground (art. 7:274 BW) and notice period (3–6 months).
2. Reply within 6 weeks if you disagree—state “I do not consent; please address via court.”
3. Prepare evidence; consider mediation; attend court if summoned.

Differences by housing type (high level)

Housing type	Typical dispute route	Key notes
Social & middle segment	Huurcommissie first for rent, service costs, defects; court if needed	WWS points are decisive; municipalities enforce excessive rent from 2025.
Private/free sector (part of it now bound by WWS if within point limits)	Huurcommissie jurisdiction expanded for certain issues; check eligibility	Even in private sector, serious defects can yield temporary rent reduction; court for eviction.
Rooms (onzelfstandig)	Huurcommissie for rent/service costs; court for termination/eviction	Some special rules apply for lodger-like cases in landlord’s home.

Frequently contested items (with quick guidance)

• Key or admin fees at signing: Usually not allowed if they amount to “unreasonable advantage”—challenge and seek refund.
• Missing service-charge settlement: Demand it if > 6 months after year-end; Huurcommissie can review.
• Pressure to vacate without court: Ignore threats; no lock changes or unilateral utility cut-offs allowed. Eviction must be via judge + bailiff.
• Noisy or unsafe works: Use written notices, involve the VvE/owner if relevant, and document the nuisance.
• Registration issues (BRP): Registration is compulsory if you live in NL 4+ months in a half-year; ask your municipality for help if your landlord obstructs.

Letters & language that work

• Polite but firm: “Pursuant to Article 7:261b BW, the deposit must be returned within 14 days (or 30 days with itemized damages). Please transfer €X by [date] and share the settlement if you claim deductions.”
• Huurcommissie pre-filing: “Based on the WWS points, the lawful rent appears to be €X. I propose adjusting the rent from [date]; otherwise I will file with the Huurcommissie.”
• Termination reply: “I do not consent to termination. Please submit the matter to the kantonrechter if you wish to proceed.”

Before you move out: reduce deposit conflicts

• Pre-exit inspection: Request a voorinspectie a few weeks before leaving to discuss any minor repairs you can do yourself (e.g., filling small holes).
• Evidence: Photograph every room empty and clean; capture meter readings with date.
• Keys and handover: Record key count returned; keep a copy of the signed handover form.
• Follow-up: If the deposit isn’t returned on time, send a registered demand referencing Art. 7:261b BW.

A short word on rent levels & affordability

The WWS points class your home into social, middle, or (above point caps) free sector. With the Affordable Rent Act implementation steps, more homes will be bound by WWS maximums, and municipalities can penalize excessive rent from 2025. If you suspect overpricing, a points check plus a Huurcommissie filing and municipal report is now a powerful combination.

Responsibilities checklist (at-a-glance)

• Tenant must: report defects promptly; do minor repairs; allow access for scheduled maintenance; pay lawful rent and agreed service-charge advances; register in BRP when required.
• Landlord must: maintain structural elements and major systems; provide annual service-charge settlement; respect deposit cap and return deadlines; follow lawful termination steps; never self-evict.

If you need help today

• Huurcommissie: fast, low-cost guidance and procedures for rent, service costs, and defects.
• Municipality: housing team/huurteam, especially for enforcement and from 2025 for excessive rent.
• Court (kantonrechter): for eviction/termination disputes; look for mediation options through Rechtspraak.

Key legal anchors (know these by name)

• Wet vaste huurcontracten (1 July 2024) – Permanent contracts are the default again; limited exceptions.
• Art. 7:274 BW – Statutory grounds a landlord must rely on to end a tenancy.
• Art. 7:271 BW – Form and notice requirements for landlord termination, including the 6-week reply and 3–6 month notice periods.
• Art. 7:261b BW – Deposit cap (2 months) and return deadlines.
• Huurcommissie powers – Temporary rent reductions for defects; decisions on rent/service costs; expanded role under the Wet betaalbare huur.
• Eviction – Only by court order + bailiff; municipalities can help prevent and address unlawful practices.

Common mistakes

• Not replying to a termination letter within six weeks.
• Paying forbidden “agency” or “key” fees without challenging them.
• Assuming the deposit can be any amount or that there’s no strict return deadline—there is now.
• Skipping the points check and overpaying for years.
• Letting a missing service-charge settlement slide beyond six months after year-end.

Key Takeaways

• Evictions are court-only. Landlords cannot lock you out, cut utilities, or “self-evict” you. A judge’s order and a bailiff are required.
• Since 1 July 2024, permanent contracts are again the norm with limited exceptions. This shapes how terminations must be justified and notified.
• Deposits are capped at 2 months and must be returned within 14 days (or 30 with itemized set-off). Use Article 7:261b BW in your letters.
• Huurcommissie first for rent, service-charge, and serious-defect disputes; municipalities can fine for excessive rent from 2025.
• Notice periods matter. Landlords must use a statutory ground (art. 7:274 BW), invite a reply within 6 weeks, and respect 3–6 months’ notice. If you disagree, say so—then it’s for the court.
• Document everything. Good evidence (photos, timelines, registered letters) wins disputes and lowers stress.

Final note: Laws evolve. The Huurcommissie and Rijksoverheid portals are the most reliable places to check the exact rule that applies to your situation today—and they provide clear, plain-language guidance tailored to social, middle, and private sectors.