Ending Your Tenancy: Termination and Notice Rules

Introduction

This chapter guides you through ending a tenancy in the Netherlands—from giving valid notice and understanding landlord termination rules to managing the check-out inspection and recovering your deposit. Because Dutch tenancy law offers strong statutory protections and prescribes precise procedures, small mistakes (like sending notice to the wrong party or missing a deadline) can be costly. Here you’ll find the legal rules, step-by-step actions, model timelines, city nuances, and practical tactics that help you leave smoothly and maximise your chance of a full deposit return.

Why this matters: Dutch law protects tenants, but that protection works only if you follow form. A proper written notice, correct notice period, and well-documented handover keep you on the right side of the law—and out of disputes.

Key Concepts at a Glance

• Written notice is mandatory. Email is fine if the landlord confirms receipt; otherwise use registered post.
• Your notice period = your rent payment period (usually one month; minimum 1, maximum 3 months).
• Since 1 July 2024, most new contracts are for an indefinite term; landlords can end them only on limited statutory grounds and with the court if you don’t agree.
• Deposit (waarborgsom): national cap of 2 months’ basic rent since 1 July 2023; repay within 14 days, or within 30 days if deductions are taken, with an itemised statement.
• Service charge (servicekosten) settlement: landlords must provide the annual statement by 1 July for the previous year; if you disagree you can go to the Huurcommissie (scope differs by sector/contract date).
• Problems with landlord behaviour? Every municipality now has a Good Landlordship complaint desk.

How Tenant Notice Works (Opzegging door de huurder)

1) The legal notice period

Your notice period equals your rent payment interval, typically one month (minimum 1 month, maximum 3). This applies to indefinite contracts and, if relevant, to older temporary contracts as well. Contract clauses that are stricter than the law do not override these statutory limits.

Legal Tip: If your rent is due monthly on the 1st, your one-month notice typically runs to the end of the next payment period. Many landlords require the tenancy to end on the last day of a month; check your contract. Tenant associations often recommend giving a full calendar month to avoid debate.

Worked example

• You email notice on 15 August for a tenancy with monthly rent due on the 1st.
• Your notice is one full month; most landlords will record the end date as 30 September. (Confirm in writing to avoid confusion.)

2) Form and delivery

You may give notice by email, regular letter, or registered letter. Email/ordinary post are legally valid only when the landlord confirms receipt. For certainty, send registered post (aangetekend) and keep the receipt; you can also send an identical email.

3) Who must sign?

Where two or more tenants are on the contract, landlords commonly require all tenants to sign any termination. If a landlord gives notice, they must notify each co-tenant separately; a single letter is not enough.

4) Can you end early by mutual agreement?

Yes. You and your landlord may agree in writing to an earlier exit (beëindigingsovereenkomst). If the landlord refuses, the statutory notice rules apply.

How Landlord Termination Works (Opzegging door de verhuurder)

1) The limited legal grounds

A landlord cannot simply “end” a residential lease. They must have one of the statutory grounds, such as serious breach (e.g., persistent arrears), urgent own use (dringend eigen gebruik), redevelopment, refusal of a reasonable new lease offer, or temporary target-group contracts (e.g., campus, youth, large family homes) where specific conditions are met. Sale is not a valid ground; koop breekt geen huur.

2) Notice periods for landlords

If a landlord wants to end an indefinite contract, the statutory notice is at least 3 months, plus 1 extra month per full year of tenancy (maximum 6 months). If you do not agree within 6 weeks, the landlord must go to court; without your written consent or a court order, the tenancy continues.

3) Court involvement and eviction (ontruiming)

Actual eviction requires a court order and enforcement by a judicial bailiff; a landlord cannot change the locks or disconnect utilities to force you out. If the court finds the landlord’s ground (e.g., urgent own use) valid, it may also set compensation (verhuis- en herinrichtingskosten) when appropriate.

Scam Alert: A landlord threatening to change locks or withhold your possessions without a court order is acting unlawfully. Call the police (0900-8844) in urgent situations, and seek legal help.

Temporary vs Indefinite Contracts after 1 July 2024

The new default: indefinite contracts

Since 1 July 2024, indefinite contracts are again the default for most new tenancies (Wet vaste huurcontracten). Temporary contracts are heavily restricted and limited to specific target groups (e.g., campus, youth), or special situations (diplomat clause), with strict conditions.

• For older temporary contracts (agreed before the law change), the landlord had to confirm the end date in the 1–3 month window before expiry. If they failed, the tenancy generally continues indefinitely.

City nuance: Universities and student housing providers (e.g., in Amsterdam, Utrecht, Groningen) rely on campus contracts that end when you stop being a student; rules are codified and linked to the “urgent own use” ground.

Legal Requirements in the Netherlands (Quick Reference)

Requirement	What it means	Source
Tenant notice period	Equals rent payment period; min 1 month, max 3 months.
Landlord notice (indefinite)	At least 3 months, plus +1 month per full tenancy year (max 6); if tenant doesn’t agree within 6 weeks, landlord must go to court.
Statutory grounds for landlord	Serious breach, urgent own use, redevelopment, refusal of reasonable offer, target-group contracts; sale is not a ground.
Deposit cap	Max 2 months’ basic rent (since 1 July 2023).
Deposit return	14 days after end; with deductions: 30 days and itemised statement (unpaid rent, damage, service costs, cleaning).
Service charge settlement	Annual statement by 1 July for previous year; Huurcommissie competence depends on sector/contract date.
Municipal complaint desk	Every municipality has a Good Landlordship (Wet goed verhuurderschap) reporting point.

Ending Your Tenancy: A Step-by-Step Guide

Step 1 — Check your contract and payment period

• Identify your rent payment interval (monthly for most tenants). Your notice period equals this.
• Verify who is on the lease. If there are co-tenants, plan for both/all to sign the notice.

Step 2 — Prepare and send your notice

• Draft a clear termination letter: address, rental address, desired termination date, notice period, forwarding address, request for pre-inspection and deposit return details.
• Send registered post and identical email. Email is valid only if the landlord confirms receipt. Keep proof.

Step 3 — Schedule inspections

• Ask for a pre-inspection (voorinspectie) and a final inspection (eindinspectie).
• If there was no initial condition report (opnamestaat) at move-in, the burden of proof regarding pre-existing defects is mainly on the landlord.

Step 4 — Prepare the property

• Complete tenant-side minor repairs (small, easy, low-cost items) under the Besluit kleine herstellingen (e.g., replace a broken lightbulb or toilet seat, fill small holes). Major maintenance is for the landlord.
• Normal wear and tear is generally not chargeable to you; damage is. Keep receipts and photos.

Step 5 — Handover and keys

• During the final inspection, record readings, note any points of dispute on the check-out report, and return all keys.
• Agree on deposit repayment timing and where to transfer the funds (Dutch or foreign IBAN). Statutory 14/30-day deadlines apply.

Step 6 — After move-out

• Service charges: Expect your annual service charge statement by 1 July of the following year; you can challenge it with the Huurcommissie (see scope rules below).
• If your deposit is not returned on time or with an itemised statement, send a formal demand (ingebrekestelling). You may escalate via municipal Good Landlordship or the kantonrechter.

The Check-Out Report (Eindinspectie & Oplevering)

A well-done check-out prevents disputes. Ask the landlord to conduct a voorinspectie 2–4 weeks before the end date to identify items you can still fix cheaply. On the eindinspectie date:

• Walk through each room with the landlord.
• Compare to the move-in report. If none exists, the landlord has a weaker position to claim pre-existing issues.
• Photograph every room and meter readings.
• Record keys returned.

Pro Tip: Bring fillers, basic tools, and a small cleaning kit for last-minute touch-ups. A 20-minute patch can save €100+ in deductions.

Deposit (Waarborgsom): Rules, Deductions, and Recovery

National rules you should know

• Cap: Landlords may ask for max 2 months’ basic rent (kale huur) as deposit (since 1 July 2023). This applies nationwide.

• Repayment deadlines:

  • 14 days after the tenancy ends if there are no deductions.
  • 30 days if there are deductions, and the landlord must provide an itemised statement.

• Permissible deductions include unpaid rent, repairing damage, service charges, and cleaning where cleaning was genuinely necessary.

Scam Alert: “Mandatory deep-clean packages” or “administration fees” automatically deducted from every deposit are not lawful unless tied to real costs in your case and properly itemised. If this happens, send a written objection and, if needed, escalate.

If your deposit isn’t returned

1. Send a formal demand with a 14-day deadline and your IBAN.
2. Report bad practices to the municipal Good Landlordship desk.
3. Start a small claim at the kantonrechter for the deposit plus statutory interest and possible costs. (The Huurcommissie does not decide on deposit refunds.)

Service Charges (Servicekosten) After You Leave

• Your landlord must send the annual service cost statement by 1 July for the preceding calendar year. If you have left mid-year, you still receive a pro-rated settlement.
• If you disagree, first ask the landlord in writing to correct it; they have 3 weeks to respond.
• If unresolved, you can involve the Huurcommissie. For social sector, the decision is binding. For contracts signed on/after 1 July 2024, decisions are binding for all sectors. For free-sector contracts signed before 1 July 2024, the Huurcommissie can act only if your contract grants that option, and then it is usually advisory.

Legal Tip: Keep your forwarding address active. If you miss a service charge statement or decision letter because of an old address, you may lose procedural options.

Responsibilities at Move-Out: Who Does What?

Under Dutch law, minor, everyday repairs are for the tenant, while major maintenance (and serious defects) is for the landlord. The Besluit kleine herstellingen lists typical minor items; anything not on that list and not minor by nature generally falls to the landlord.

Item/Task at Move-Out	Tenant’s responsibility?	Notes
Replace broken lightbulbs, shower hoses, toilet seats	Yes	Typical minor repairs under the Besluit; inexpensive and simple.
Fill small nail holes; remove stickers/hooks	Yes	Counts as small repairs if low-cost and DIY-feasible.
Repaint entire walls due to normal ageing	No	Wear and tear ≠ damage; broad repainting is usually landlord’s.
Repair water damage from a leak you caused	Yes	Damage attributable to the tenant can be deducted from the deposit.
Replace failing boiler, external painting	No	Major maintenance belongs to the landlord.

Notice, Grounds, and Procedures—Compared

Scenario	Notice You Give	Landlord’s Role	What if you disagree?
You end an indefinite lease	Usually 1 month (equal to rent interval)	Landlord confirms end date; schedule handover	Disputes go to court only if there’s a conflict about obligations (e.g., damage) afterwards.
Landlord ends an indefinite lease	—	Needs legal ground + statutory notice (≥ 3 months + per-year add-on); must seek court order if you don’t consent within 6 weeks	You can refuse and defend in court; tenancy continues without order.
Older temporary contract (pre-2024)	You can terminate early with statutory notice	Landlord had to confirm end 1–3 months before expiry; otherwise it continues	If landlord failed to confirm, you likely gain indefinite protection.
Campus/youth/target-group	Check contract; standard tenant notice applies	End allowed on specific statutory grounds linked to the target group	You can challenge unlawful termination in court.

City & Regional Nuances

• Amsterdam (and other large cities) operate visible Good Landlordship complaint portals for issues like excessive deposits, bullying, or discriminatory practices. Municipal inspectors can warn or fine landlords.
• Student hubs (Groningen, Utrecht, Delft, Amsterdam): campus contracts are common and tied to student status; losing that status may trigger a lawful termination ground, with notice and procedure conditions.

Registration and Moving (BRP): Don’t Forget the Municipality

When you move, you must register your new address with the municipality (BRP) no earlier than 4 weeks before and no later than 5 days after your move. If you leave the Netherlands for 8+ months in 12 months, you must deregister (emigratie)—typically within 5 days before departure. Failing to update the BRP can result in fines and trouble with benefits, taxes, and insurance.

Pro Tip: Update your Belastingdienst, bank, insurer, and MijnOverheid accounts immediately after your BRP update to avoid returned mail and missed deadlines.

Common Mistakes (and How to Avoid Them)

1. Sending notice too late or to the wrong recipient. Always date your notice, send it registered, and address it to the contractual landlord (or their managing agent) as named on your lease.
2. Assuming the deposit can be any amount. It cannot—2 months’ basic rent is the cap. Challenge higher demands and report to the municipality.
3. Over-paying for wear and tear. You’re responsible for damage, not normal ageing. Use the inspection to separate the two.
4. Ignoring service charge timelines. Expect the statement by 1 July; if it’s wrong or missing, follow the Huurcommissie pathway.
5. Believing a landlord can evict without court. They can’t—eviction requires a court order and a bailiff. Don’t hand over keys under pressure.
6. Forgetting BRP updates. Late registration can cause penalties and lost benefits; notify the municipality on time.

Disputes and Where to Get Help

• Huurcommissie: service charge disputes, rent disputes (scope differs by sector/contract date). Start via MijnHuurcommissie.
• Municipal Good Landlordship desk: report misconduct like excess deposits, intimidation, or discriminatory practices; municipalities can warn/fine.
• Kantonrechter (district court): deposit recovery, termination disputes, unlawful eviction threats.
• Het Juridisch Loket: free first-line legal information and sample letters.

Practical Checklists & Tools

Tenant Handover Checklist (print & bring)

• ☐ Written notice sent (registered + email), signed by all tenants.
• ☐ Voorinspectie scheduled; items to fix noted.
• ☐ Minor repairs done (lightbulbs, small holes, seals).
• ☐ Final inspection booked; meter readings prepared.
• ☐ Keys counted and ready; spares retrieved.
• ☐ Forwarding address shared; deposit IBAN confirmed. 14/30-day rule noted.
• ☐ Service charge statement calendar flagged (by 1 July).
• ☐ BRP move registered (4 weeks before to 5 days after).

Cost Sense-Check (illustrative)

• Minor fixes (DIY materials): €20–€100
• Basic cleaning (2–4 hours): €80–€200
• Professional deep clean (only if truly needed and itemised): €150–€400
• Handyman small patch/paint: €50–€200 (These are ballpark market figures to help you budget; insist on itemisation for any deductions.)

Pro Tip: If a deduction is claimed, ask for photos, invoices, and before/after evidence. No paperwork, no deduction.

How to Dispute Rent or Service Charges After You Leave

1. Write to the landlord stating the specific errors (e.g., wrong floor area, double-charged cleaning, misallocated utilities).
2. Landlord has 3 weeks to respond to service-charge objections.
3. If unresolved, file with the Huurcommissie. For social and post-1 July 2024 contracts (all sectors) decisions are binding; otherwise (older free-sector), the Huurcommissie may only be advisory unless your contract gives jurisdiction.

Model Timeline (Indefinite Monthly Tenancy Ending 30 September)

• 15 Aug – Send registered notice to end on 30 Sep; request pre-inspection.
• 25 Aug – Voorinspectie and punch-list of small fixes.
• 28–29 Sep – DIY fixes & light cleaning.
• 30 Sep (AM) – Eindinspectie, meter readings, keys returned; confirm deposit IBAN and deadlines (14/30 days).
• By 14 Oct – Deposit paid in full if no deductions.
• By 30 Oct – If deductions: receive itemised statement and remaining amount (or dispute).
• By 1 July next year – Receive service-charge statement for the past year (even if you moved mid-year).

Special Situations

Diplomat Clause / Tussenhuur

A diplomat clause lets an owner temporarily rent their home and retake possession later for urgent own use. Valid use requires a properly drafted clause and proof of the owner’s return. Tenants can still contest misuse.

Student Housing (Campus Contract)

If you stop being a student, the provider may rely on target-group rules to end the tenancy, with statutory notice and (if contested) court. Always check your status documentation and appeal routes.

Landlord Sale

Sale does not break rent (koop breekt geen huur). Your contract continues with the new owner; they cannot evict you just because of the sale.

Frequently Asked “Is This Allowed?” (Quick Answers)

• “My landlord says I must pay a ‘final cleaning fee’ whether or not the flat is clean.” Not lawful as a blanket fee; only actual, necessary cleaning may be deducted, with evidence.

• “They took three months’ deposit.” Unlawful since 1 July 2023. Demand correction and consider reporting to the municipality.

• “I’m in the free sector; can I still use the Huurcommissie for service charges?” Yes, if your contract is on/after 1 July 2024 (binding). For pre-1 July 2024 free-sector contracts, it depends on your contract and is often only advisory.

Tables You Can Reuse

Notice & Termination Summary

Party	Default Notice	Extra Conditions
Tenant	= rent payment period (usually 1 month)	Written notice; email valid only with receipt confirmation; all tenants sign.
Landlord	3 months + 1 month per full tenancy year (max 6)	Must state legal ground; if you contest within 6 weeks, landlord must go to court.

Legal Limits & Deadlines

Topic	Limit/Deadline	Notes
Deposit amount	≤ 2 months basic rent	Since 1 July 2023.
Deposit return	14 days (no deductions) / 30 days (with itemisation)	Deductions: unpaid rent, damage, service costs, cleaning.
Service cost statement	By 1 July each year	Challenge path via Huurcommissie.
Landlord confirm end of older temporary lease	1–3 months before end date	Failure to confirm → indefinite continuation.

Move-Out Responsibilities (Checklist)

Area	Tenant Must	Landlord Must
Minor repairs	Fix small, low-cost items (e.g., bulbs, holes)	—
Major maintenance	—	Maintain building systems (e.g., boiler), external painting.
Wear & tear	Not chargeable	Accept normal ageing unless damage beyond wear.
Deposit	Provide IBAN; request itemised statement if deductions	Repay within 14/30 days; itemise deductions.

Advanced: If the Landlord Ends the Lease—Your Defence Toolkit

1. Demand the ground in writing. Landlords must specify the statutory ground for termination (not just “we want the apartment back”).
2. Hold your ground. If you do not agree in writing within 6 weeks, the landlord must sue in the kantonrechter. You cannot be evicted without a court order.
3. Collect evidence. Keep rent receipts, neighbour statements (if alleged nuisance), and documentation rebutting “urgent own use.”
4. Compensation check. If own use is accepted, the court may set a relocation allowance. Ask for it.

Pro Tip: Even when you plan to leave, negotiating a later end date or compensation may be possible if the landlord’s ground is weak or timing is tight.

After You Move: Admin Essentials

• BRP update: register your new address within 4 weeks before to 5 days after moving; deregister before long-term emigration.
• Utilities: send final meter readings; close or transfer accounts.
• Taxes: expect prorated local user taxes (e.g., afvalstoffenheffing) depending on your municipality.
• Mail: set up post forwarding; update MijnOverheid and DigiD linked services.

Key Takeaways

• Notice = Payment period: usually one calendar month for tenants; send registered and keep proof.
• Landlords need legal grounds and often a court order; you can refuse termination notices that lack a valid ground.
• Deposit: 2-month cap nationwide; 14/30-day repayment deadlines with itemisation. Challenge unlawful deductions.
• Service charges: expect the annual statement by 1 July; escalate to the Huurcommissie if wrong or missing.
• Municipal support: every city has a Good Landlordship reporting desk for misconduct.
• BRP: update your registration on time to avoid fines and administrative trouble.