Your Rights and Obligations as a Tenant

Introduction

This chapter explains what you can insist on and what you must do once you’ve moved into a home in the Netherlands. We cover privacy and landlord access, minor repairs, visitors and (sub)letting, maintenance and defects, rent increases, service costs, deposits, and required registrations. If you understand these rules, you’ll enjoy more woonzekerheid (security of tenure), avoid unnecessary disputes, and know exactly when to push back, when to document issues, and how to escalate problems to the Huurcommissie (Rent Tribunal) or the courts.

Why this matters: The Dutch rental framework mixes national law (Burgerlijk Wetboek), national policy (e.g., Wet betaalbare huur and Wet goed verhuurderschap), and local rules set by municipalities. Mistakes—like accepting an unlawful rent increase, paying unbillable service costs, or letting a landlord enter without proper grounds—can cost you money and peace of mind.

How Dutch tenant protection works (quick map)

• Civil Code (Burgerlijk Wetboek, Book 7) sets the core obligations for tenants and landlords, including good tenancy (art. 7:213), repair duties and the definition of defects (arts. 7:204, 7:206), and minor repairs by the tenant (art. 7:217 with the Besluit kleine herstellingen).
• Wet betaalbare huur (Affordable Rent Act, Wbh) extends and updates rent regulation (including for the middensector) and connects it to the woningwaarderingsstelsel (WWS) points system and Huurcommissie procedures.
• Wet goed verhuurderschap (Good Landlordship Act) curbs abuses (e.g., intimidation, discrimination, excessive deposits), imposes information duties, and sets a national deposit cap (see Deposits below). Municipalities can enforce and fine.
• Huurcommissie provides low-cost, binding dispute resolution for many rent, service cost, and defect issues. Tenant fee: €25 (refunded if you win).

Your privacy & landlord access

You have the exclusive right to occupy your home. Landlords may not enter without your permission except in emergencies, or if a contractually agreed inspection clause applies and entry is reasonable and properly announced. If access is genuinely needed (e.g., urgent repairs, safety checks), the landlord must coordinate a reasonable date/time; if you unreasonably refuse, they can ask a court to order access. The legal foundation is your right to quiet enjoyment and the Civil Code’s balance between landlord obligations and good tenancy.

Legal Tip: “Aankondiging” (notice) alone is not consent. Outside emergencies, the default is: no entry without your permission or a specific court order. Keep communications in writing and propose workable time slots.

Emergencies include situations like a suspected gas leak, burst pipe, or active fire/water damage where waiting would worsen damage or endanger safety. In these narrow scenarios, immediate access may be justified. Document everything afterward.

Practical steps if your landlord requests entry

1. Ask why and what work/inspection is planned, and who will attend.
2. Propose two or three reasonable windows within the next 7–14 days.
3. If you’re uncomfortable being alone at home, request they come during daylight and consider having a friend present.
4. If the request seems excessive (e.g., weekly “inspections”), push back in writing and point to your privacy and quiet enjoyment.
5. If they insist, suggest mediation or Huurcommissie guidance; for abusive behavior, contact your municipality under Wet goed verhuurderschap.

Scam Alert: A landlord or agent has no right to enter to “show the home” to future tenants whenever they want. Without your consent or a reasonable contractual clause, this is improper. Keep your keys. Do not accept “inspection” visits that involve searching through personal belongings.

Registration & address rules (BRP)

If you will live in the Netherlands for more than 4 months, you must register as a resident (BRP) with your municipality within 5 days of arrival. When you move within the Netherlands, update your address no later than 5 days after moving (many municipalities let you notify up to 4 weeks before the move). BRP registration is essential for your BSN, health insurance, and many benefits.

Pro Tip: Make your appointment early—some expat-heavy cities have waiting times. Take required documents (passport, rental contract, sometimes legalized birth/marriage certificates). Check your municipality’s checklist.

Deposits (borg): caps, returns, and proof

How much can be charged? Since 1 July 2023, the national rule is a maximum deposit of 2 months’ basic rent for new contracts; older contracts may still lawfully reflect up to 3 months if signed before that date.

When must it be returned? At the end of your tenancy, if you leave the home as agreed and with no arrears, the landlord must return the deposit within 14 days. If there are justified deductions (e.g., documented damage or arrears), they must explain and settle transparently; municipalities can enforce under Good Landlordship.

Protect yourself

• Entry/exit reports: Make a joint check-in report with photos/videos when you move in, and a check-out report when you leave.
• Keep invoices: For any minor repairs you performed.
• Forwarding address: Provide it in writing.
• Follow up: If not paid by day 15, send a formal reminder and consider legal aid or small claims.

Legal Tip: If the deposit is not returned in time and the landlord can’t substantiate deductions, put them in default in writing. Municipal enforcement teams can act against systematic violations of deposit rules under Wet goed verhuurderschap.

Service costs: what counts, what doesn’t, and how to check

What are service costs? They are agreed payments for additional services/deliveries beyond the basic rent (think: cleaning of common areas, lighting in stairwells, caretaker, furniture packages). Each calendar year the landlord must provide an itemized statement within 6 months after year-end (often by 30 June) showing actual costs and calculations so you can verify reasonableness.

New clarity from 2025–2026 The government has approved a law introducing a limitative list of what may be charged as service costs, aimed at reducing disputes. This measure tightens definitions and transparency and is being implemented through policy and a new decree (consult your latest municipal/ministerial updates and the Huurcommissie Servicekosten policy book).

If the annual statement is missing or unclear

1. Ask in writing for the itemized statement and underlying invoices.
2. If the statement is late or non-transparent, you can take the case to the Huurcommissie to determine a reasonable amount; tenants pay €25 and get it back if they win.
3. Use the Huurcommissie’s forms and current Servicekosten policy for categories and evidence (the Huurcommissie regularly updates these).

Pro Tip: Keep digital scans of every house-related bill or notice; build a folder labeled by year. It pays off when checking the annual service costs.

Service costs & deadlines (quick reference)

Topic	What the law/policy requires	Source
Annual statement	Landlord provides a specified breakdown within 6 months after calendar year end
Categories	Moving to a limitative list of allowable service costs (implementation via policy & decree)
Dispute route	Tenant can ask Huurcommissie to set reasonable amount; €25 fee (refundable if you win)

Maintenance, defects, and minor repairs

Who fixes what?

• Landlord: Must remedy defects that prevent the home from providing the enjoyment you may reasonably expect. This is the default rule in the Civil Code: art. 7:206 (repair duty) and art. 7:204 (definition of a defect).
• Tenant: Must perform and pay for minor repairs and day-to-day upkeep (e.g., replacing light bulbs, descaling taps, small paint/touch-ups), as enumerated in the Besluit kleine herstellingen (Minor Repairs Decree).

Legal Tip: Contract clauses that shift major maintenance to the tenant are usually invalid for residential leases; the Civil Code and the Minor Repairs Decree prevail.

Sample responsibilities (illustrative, not exhaustive)

Item	Tenant (minor)	Landlord (major/structural)	Source
Light bulbs, fuses, batteries for smoke detectors	✔
Descaling taps/showerheads	✔
Small paint/patch of interior walls	✔
Fixing leaky roof or rising damp		✔
Central heating boiler replacement		✔
Broken window (storm damage)		✔
Keys & cylinders (lost by tenant)	✔
Building’s common-area lighting & lifts		✔

Required smoke alarms

All homes in the Netherlands must have smoke detectors on each floor. For rentals, the owner must install them; tenants must not remove/disable and should test them regularly.

If your landlord won’t fix a serious defect

1. Notify in writing: Describe the defect, attach photos, and give a reasonable repair deadline.
2. Second reminder: Refer to art. 7:206 BW (repair duty).
3. Huurcommissie route: For serious defects that harm living enjoyment, you can request a temporary rent reduction until repairs are done; see the Huurcommissie’s Gebreken policy.
4. DIY & deduct (as last resort): If the landlord is in default, the law allows the tenant to remedy and recover reasonable costs; get legal advice first.

Pro Tip: The Huurcommissie publishes twice-yearly Beleidsboeken (policy books) with detailed categories of defects and how rent reductions are calculated. Always check the latest version before filing.

Visitors, housemates, pets, and subletting

Visitors and housemates Ordinary visitors and short-term guests are part of normal living. Persistent nuisance is not allowed, and you must behave as a “good tenant” (art. 7:213 BW). Many leases allow long-term housemates only with notice or consent, particularly where occupancy limits or BRP registration are affected.

Subletting and AirBnB Subletting the entire home or setting up short-stay tourist rentals usually requires prior written consent from your landlord and often a municipal permit. Unauthorized subletting is a common breach and can lead to termination. (See also Civil Code limits on giving the home in use to others.)

Scam Alert: A contract clause that bans all visitors is generally unreasonable. Clauses that regulate nuisance or safety are normal; total prohibitions on guests are not.

Rent increases after move-in (2025 rules)

The Netherlands sets maximum annual rent increases by segment. For 2025 these are:

Segment	Max annual increase (2025)	When it applies	Notes / What to do
Middensector	7.7%	Whole calendar year 2025	If your contract specifies a lower % you get the lower figure. Disputes go to Huurcommissie.
Vrije sector (high segment)	4.1%	Whole calendar year 2025	You can challenge an unlawful increase at Huurcommissie within 4 months of the effective date.
Sociale huur	Max 5% from 1 July 2025 (with income-related nuances)	Proposals typically effective 1 July	Rules vary by income & rent level; check your letter carefully.

Legal Tip: Since Wet betaalbare huur took effect, many homes are (again) bound to the WWS points and maximum rent caps. If a proposed increase pushes your rent above the cap for your home’s points, you can challenge it.

Challenging a rent increase (free-sector & mid-sector)

1. Read the letter: Check segment, percentage, and effective date.
2. Compare to the cap above and to your contract’s clause (if the contract says lower, the lower applies).
3. Respond in writing if it exceeds the cap; say you do not agree.
4. File with the Huurcommissie within 4 months of the increase date if needed; €25 fee, refunded if you win.

Points system (WWS) & staying within legal rent

The woningwaarderingsstelsel (WWS) awards points for size, facilities, energy label, and location. The total points convert to a maximum legal rent for regulated homes. The Huurcommissie publishes the Huurprijscheck to help you verify the correct band for your address and contract date.

Quick example (illustrative): A 60 m² apartment with label C, a standard kitchen, and a basic bathroom might score ≈150–165 points depending on the specifics, steering it into middensector rent caps. If your landlord attempts to set or raise the rent beyond the maximum rent for those points, you have a basis to challenge.

Pro Tip: Always save copies of the energy label, NEN-measurement floor plan, and photos of facilities (kitchen, bathroom). These documents are crucial if the point tally is disputed.

Minor repairs you should expect to do

Below are typical minor tasks from the Besluit kleine herstellingen. If you can’t perform them safely, you can hire a professional—but the cost is yours (unless the need was caused by a landlord default, e.g., chronic damp causing paint failure).

• Replacing light bulbs, fuses, and batteries in devices such as smoke alarms.
• Descaling taps/showerheads; cleaning drains and siphons.
• Lubricating hinges and locks; replacing door handles and interior knobs.
• Minor painting or wall patching; re-wallpapering interior walls you changed.
• Bleeding and refilling radiator systems (where simple and safe).
• Replacing toilet seats, shower hoses, and shower curtains.

Legal Tip: If a “minor” repair actually stems from a structural defect (e.g., mold due to failed ventilation or leaking pipes), responsibility shifts to the landlord. Document the cause.

Your duties as a “good tenant” (goed huurder)

Article 7:213 BW requires that you behave as a good tenant. In practice this means: pay rent on time; keep the home reasonably clean; perform minor repairs; avoid nuisance; seek permission for substantial alterations; observe house rules in multi-unit buildings; allow reasonable access for necessary work at reasonable times. Persistent violation can risk termination via court.

Pro Tip: If you plan to paint bold colors or add fixtures that are hard to reverse, ask first. You may be asked to restore at move-out.

Handling landlord inspection requests (playbook)

1. Check the request: Is there a contractual inspection clause? What’s the stated purpose (e.g., maintenance planning, meter reading)?
2. Ask for details: Who’s coming, what rooms need access, how long?
3. Propose times: Offer two or three windows during normal hours.
4. Supervise: Be present; it’s your right.
5. Document: Note who attended, what was inspected, and the result.
6. If pressured: Cite your privacy and ask for rescheduling or written justification. Escalate to municipal enforcement under Wet goed verhuurderschap if intimidation occurs.

Huurcommissie: low-cost dispute resolution

The Huurcommissie is designed to be accessible and relatively fast. Typical tenant fee: €25, refunded if you win. Landlords pay €500 and face higher fees if repeatedly in the wrong within three years.

When to use it

• Rent increases that exceed legal caps or contract terms.
• Service costs that lack a proper annual statement or look unreasonable.
• Serious defects for temporary rent reduction until repairs.

How to file (step-by-step)

1. Keep evidence: Contracts, letters, photos, invoices, meter readings, BRP proof if relevant.
2. Try in writing first: Always give the other party a chance to correct.
3. Submit online at Huurcommissie and pay the fee; note deadlines (e.g., 4 months after a rent increase date in the free sector).
4. Cooperate with inspection if ordered (for defects).
5. Decision: If you win, fee is refunded; the other side pays.

Common mistakes—and how to avoid them

• Accepting a rent increase letter at face value. Always check your segment cap (4.1% free, 7.7% mid, 5% social in 2025) and whether your contract sets a lower figure. Challenge within 4 months if needed.
• Paying unbillable service costs. If you don’t receive a proper annual breakdown by end-June, ask for it; if numbers look off, go to the Huurcommissie.
• Letting a landlord enter without grounds. Outside emergencies, you must consent; insist on reasonable scheduling.
• Skipping BRP registration. Register within 5 days of arrival and update your address within 5 days of moving. This affects benefits, insurance, and official mail.
• Not documenting the condition of the home. Without a check-in inventory, deposit disputes are harder to win; the law now strongly protects timely deposit return.

City & regional notes (brief)

• Tourist rentals (Airbnb/short-stay) are heavily regulated and often prohibited without permits; rules vary by city and district. Always check your gemeente website before listing or hosting.
• Student cities (Amsterdam, Utrecht, Groningen) may have strict room-occupancy rules and inspections for woningdelen (house sharing).
• New builds often have strict service cost regimes and association rules; ask for the exact breakdown early and compare to the limitative categories as these are rolled out.

Quick legal obligations in the Netherlands (at a glance)

Obligation / Limit	What it means	Source
BRP registration	Register within 5 days if you stay > 4 months; update within 5 days after moving
Deposit cap	Max 2 months basic rent for contracts from 1 July 2023
Deposit return	Return within 14 days after end of tenancy (if no damages/arrears; otherwise explain deductions)
Service costs statement	Provide itemized statement within 6 months after year-end
Annual rent increase (2025)	4.1% (free sector); 7.7% (middensector); 5% (social from 1 July)
Minor repairs	Tenant does small, everyday repairs (per Besluit kleine herstellingen)
Defects	Landlord remedies defects per art. 7:206 BW; “defect” defined in 7:204 BW
Smoke alarms	Must be installed in all homes; owner responsible for installation

Example scenarios (so you can recognize them)

1) “My landlord wants to enter every two weeks to ‘check’. What now?” Reply politely that you value privacy and are happy to schedule when specific work is needed. Ask for the purpose, participants, and estimated time. Offer two daytime slots in the coming two weeks. If they insist without a proper reason, refuse and cite your right to quiet enjoyment. For intimidation, notify your municipality under Wet goed verhuurderschap.

2) “I never got my service cost breakdown for last year.” Write requesting the itemized statement and copies of underlying invoices. If not received or still unclear, file at the Huurcommissie (tenant fee €25; refunded if you win).

3) “Mold is back for the third time—landlord says ‘just clean it’.” Chronic mold often signals a defect (ventilation failure, cold bridges, leaks). Put the landlord formally in default and request repairs within a reasonable deadline. If not fixed, file with the Huurcommissie for temporary rent reduction until repaired (use the Gebreken policy).

4) “My free-sector increase is 6%. Can they do that?” In 2025 the cap is 4.1% (unless it’s a separate improvement increase). If they won’t correct, file with the Huurcommissie within 4 months.

5) “We moved out 3 weeks ago; deposit still missing.” If you left the home properly and there are no documented claims, the deposit should be returned within 14 days. Send a formal reminder; mention you will seek municipal enforcement if needed.

Responsibilities checklist (print-friendly)

You must…	Your landlord must…
Register in the BRP within 5 days and update after you move.	Keep the home defect-free and repair issues that block normal enjoyment (arts. 7:204/206 BW).
Behave as a good tenant: timely rent, no nuisance, small repairs, reasonable access for necessary work.	Provide service cost statements within 6 months after year-end with transparent calculations.
Perform minor repairs listed in the Besluit kleine herstellingen.	Respect your privacy; no entry without consent outside emergencies or reasonable contractual inspections.
Request written consent for subletting or alterations that go beyond normal use.	Install smoke detectors and ensure baseline safety compliance.
Keep records: photos, letters, service cost invoices.	Return the deposit within 14 days after check-out if no arrears/damage; justify any deduction.

How to escalate, calmly and effectively (template letters)

1. Repair request

   • Subject: “Ingebrekestelling herstel gebrek – [address]”
   • Cite art. 7:206 BW, attach photos, propose 14-day deadline.

2. Service costs

   • Subject: “Verzoek specificatie servicekosten – [year]”
   • Ask for itemized statement, underlying invoices, and calculation method (art. 7:259 BW).

3. Deposit

   • Subject: “Teruggave waarborgsom – [address]”
   • Refer to 14-day return rule; attach check-out photos.

4. Unlawful rent increase

   • Subject: “Bezwaar jaarlijkse huurverhoging 2025 – [address]”
   • Cite the cap 4.1%/7.7%/5% (as applicable) and state you’ll file with the Huurcommissie if not corrected.

Costs, timing & where to go

• Huurcommissie: Start online; €25 for tenants; refunded if you win. Mind deadlines (e.g., 4 months for challenging free-sector increases).
• Municipality (Gemeente): Enforces Good Landlordship (e.g., excessive deposits, intimidation); use the municipal complaints portal.
• Juridisch Loket: Free legal advice for basic questions (especially useful for deposit and service-cost disputes).
• Court (Kantonrechter): For complex cases or appeals from Huurcommissie decisions.

Frequently asked “what ifs”

Can I change the locks? You have a right to security and privacy, but changing locks without notice can create conflict during inspections or repairs. If you change them, keep the original cylinder, and coordinate access for necessary works.

Can my landlord keep a set of keys? Yes, but possession of a key ≠ right of entry. The same access rules apply: consent or emergency.

Who pays for pest control? It depends on cause and scope. A one-off treatment for a minor issue may be minor repair; structural infestation tied to building defects is the landlord’s responsibility.

Do these rules apply outside the Randstad? Yes—these are national rules. Local differences show mainly in enforcement (municipal teams), tourist rental rules, and permits.

Case study: taking control of service costs

Sara, an expat in Eindhoven, received a €65/month service cost bill. In July she asked for the itemized 2024 statement—and the landlord failed to provide it by 30 June. She followed up, then filed at the Huurcommissie with screenshots of emails. The Huurcommissie reduced her payment and ordered a refund for overcharges; Sara’s €25 fee was returned.

Pro Tip: Even if your building has premium amenities, the limitative list will define what can be charged. “Extras” like private gyms or saunas often cannot be pushed through service costs unless properly categorized and agreed.

Key Takeaways

• Privacy first: Outside emergencies, no entry without your consent or a reasonable contractual inspection clause. Keep access requests in writing.
• Register fast: BRP registration within 5 days of arrival and after moving; it affects benefits and official mail.
• Deposit rules: Max 2 months for new contracts; return within 14 days if no damage/arrears; require itemized deductions if any.
• Service costs: Landlord must send an itemized annual statement within 6 months after year-end; otherwise you can go to the Huurcommissie.
• Repairs: Landlord fixes defects (arts. 7:204/206 BW); you handle minor repairs (Besluit kleine herstellingen).
• Rent increases (2025): 4.1% (free sector), 7.7% (middensector), 5% (social from 1 July). Challenge unlawful increases; 4-month window in free sector.
• Huurcommissie works: €25 tenant fee, refunded if you win. Use policy books and forms to strengthen your case.

*This chapter is part of the Dutch Tenant Rights Handbook by Luntero and is meant to be used as a standalone reference.