Living Well: Tenant Rights, Maintenance, and Annual Rent Increases

The Rotterdam Rental Playbook — Chapter 10

Introduction

This chapter is your day-to-day guide to living well in a Rotterdam rental. We cover your rights and responsibilities after you move in: who fixes what (and when), how service charges should be billed and settled, how to read your annual rent increase, and the practical steps to take if something goes wrong. We focus on Rotterdam but anchor everything in current Dutch law so you can use this as a standalone reference anywhere in the Netherlands.

Why it matters: misunderstandings here are expensive. Tenants overpay for unlawful increases, miss refund deadlines on service charges, or live too long with defects that legally qualify for a temporary rent reduction. Knowing how the system works saves money — and stress.

The Big Picture: What Changed Since 2024–2025?

• Fixed-term contracts largely abolished (since 1 July 2024): new tenancies are normally for an indefinite period; temporary contracts are only allowed for specific groups (e.g., some students) set by national rules.

• Affordable Rent Act (Wet betaalbare huur) in force: rent regulation now also covers the mid-rent segment up to 186 WWS points; from 2025, new contracts in this band must follow a statutory maximum rent. Municipalities gained enforcement powers; landlords must supply a WWS point report with new contracts (since 1 January 2025).

• Annual rent-increase caps (2025):

  • Social sector: max 5.0% from 1 July 2025, with possible income-based surcharges.
  • Mid-rent: max 7.7% (indexed from 1 January 2025).
  • Free sector: max 4.1% (2025).

• Good Landlordship Act (Wet goed verhuurderschap): national rules against discrimination/intimidation and security deposits capped at two months’ basic rent; deposit must be returned within 14 days after handover (30 days if there are demonstrable damages).

Legal Tip Since 1 January 2025, landlords must attach a WWS points calculation to new contracts. If it’s missing, ask for it in writing. You can also run the Huurcommissie Huurprijscheck yourself and file if needed.

Rotterdam Snapshot: Local Rules That Matter

• BRP Registration: Register your address with the municipality no later than 5 days after moving. Rotterdam explicitly confirms this window (you can also register up to 4 weeks before). Failing to register can block benefits and services tied to your BSN.
• Landlord permits & enforcement: Rotterdam uses instruments under the Good Landlordship Act and local Verhuurverordening (e.g., area-based landlord permits) and runs a Meldpunt ongewenst verhuurgedrag where you can report excessive rents and other breaches.
• Huisvestingsvergunning & Opkoopbescherming: some areas require tenants to obtain a huisvestingsvergunning to qualify; in 16 neighbourhoods, opkoopbescherming restricts buy-to-let for recently purchased homes. Ask your landlord/agency and check the municipal pages.

Your Rights & Duties at a Glance

Contract & Rent Segment

Item	What it means	Where it’s from
Contract term	New contracts are normally indefinite; temporary contracts allowed only for specific categories.
Segments (since 2025)	Social: ≤ 143 points (max initial rent €900.07). Mid-rent: 144–186 points (€900.07–€1,184.82). Free: ≥ 187 points (above €1,184.82).
WWS report	Landlords must provide point calculation with new contracts; municipalities can enforce.

Money Matters

Item	Legal rule (2025)	Source
Deposit (waarborgsom)	Max 2× basic rent; refund within 14 days (or 30 with specified damages).
Agency/mediation fees	If the agent works for the landlord (listing is public), charging the tenant is illegal (Supreme Court precedent).
Service-charge settlement	Annual settlement must be provided within 6 months after year-end (so typically by 30 June); tenants may inspect underlying bills.

Annual Rent Increases (Caps)

Sector	Cap (2025)	Notes
Social	5.0% (from 1 July 2025), plus income-dependent increments possible under national rules.
Mid-rent	7.7% max from 1 January 2025; applies to regulated mid-segment (144–186 points).
Free	4.1% max in 2025 (statutory formula).

Scam Alert “Key money,” compulsory cleaning fees, or tenant-paid brokerage on a publicly offered listing are not allowed. Don’t pay; get it in writing and cite national guidance and the Supreme Court ruling on mediation fees.

Maintenance & Repairs: Who Does What?

Dutch law splits upkeep into small/tenant repairs and major/landlord repairs. The official Besluit kleine herstellingen (Decree on minor repairs) lists typical tenant duties; everything structural or “big ticket” is normally for the landlord.

Responsibilities Checklist

Category	Tenant (you)	Landlord
Small repairs	Replacing light bulbs, fuses, shower hose, minor sealant, mowing small private garden, unclogging drains caused by your own use.	—
Wear & tear upkeep	Minor interior painting/patching scuffs, tightening hinges, minor maintenance to supplied flooring/curtains.	—
Structural elements	—	Roof, façade, windows, foundation, plumbing stacks, central heating boiler/collective systems, major moisture/leak repairs.
Safety	Replace smoke-detector batteries (if user-replaceable).	Provide compliant detectors, electrical safety, CO safety for gas-fired systems.

Legal basis: Book 7 BW & the Besluit kleine herstellingen list for small repairs.

Pro Tip Always report defects in writing (email) with photos, a clear deadline (e.g., 14 days), and access times. Keep a dated log — it’s crucial if you later request a temporary rent reduction for serious defects.

When Things Break: Step-by-Step Routes

A) Getting Repairs Done (All Sectors)

1. Notify the landlord in writing with photos; specify the defect and a reasonable deadline.
2. Follow up if no action after ~2 weeks (shorter for urgent safety issues).
3. Escalate: For serious defects affecting liveability (e.g., major damp, heating failure), request temporary rent reduction through the Huurcommissie (you’ll need proof you reported it).
4. Inspection & decision: The Huurcommissie classifies defects in categories A/B/C; rent may be temporarily reduced by substantial percentages until fixed.
5. After repairs: Landlord can ask to restore the old rent, subject to confirmation if disputed.

Legal Tip The Huurcommissie’s Beleidsboek Gebreken (Jan 2025) governs defect categories and reductions. This is your playbook for what qualifies and by how much.

B) If You’re in a Free-Sector Tenancy

The same temporary rent reduction route exists for serious defects even in the free sector. File if your landlord doesn’t repair.

Service Charges (Servicekosten): What’s Allowed and How to Check

Service charges are costs for services linked to living in the property — think cleaning of common areas, lighting in hallways, caretaker, shared garden, and (in furnished homes) a reasonable fee for furniture. They are not a profit center; they must reflect actual costs and be settled annually with a transparent statement.

Allowed vs. Not Allowed (typical examples)

Allowed (examples)	Not allowed as service charge
Cleaning/common area electricity, elevator service, window cleaning of common spaces, caretaker, garden maintenance, furniture/curtains packages (reasonable amounts).	“Key money,” mark-ups beyond actual cost, landlord’s mortgage/insurance, normal wear-and-tear repairs that are landlord’s duty, luxury amenities unless separately and voluntarily contracted (e.g., gym membership).

Legal Tip The landlord must provide the annual settlement within 6 months after year-end (commonly by 30 June), with access to underlying invoices on request. If not, you can contest at the Huurcommissie (deadlines apply).

How to Audit Your Service Charges

1. Compare your contract with the settlement: only listed services can be charged.
2. Ask for the underlying bills (you have a right to review). Note your share calculation (m², units, or meters).
3. Check the deadline: settlement should arrive by 30 June for the prior calendar year (or within 6 months after the landlord’s financial year).
4. Too high? First object in writing; if no agreement, submit to the Huurcommissie. Regulations and updated procedural policy (2025) apply.

Annual Rent Increases Explained (2025)

The Three Caps in 2025

• Social sector: from 1 July 2025, max 5.0%, with possible income-based increments (e.g., additional fixed amounts for higher-income households). Your landlord must follow statutory notice rules.
• Mid-rent (regulated 144–186 points): from 1 January 2025, max 7.7% per year.
• Free sector (≥ 187 points): 2025 cap 4.1%. The cap is statutory — not just contractual — through at least 1 May 2029 per government guidance.

Pro Tip Rent may only be raised once every 12 months, and notices must include the legal basis and calculation. If anything looks off, object in writing before the effective date.

How to Check Your Increase

1. Identify your segment (social, mid, or free) via the WWS points and initial rent.
2. Check the correct cap above and verify the notice timing/form. For social sector objections, the Huurcommissie has a step-by-step guide.
3. Income-dependent increases (social) require specific income data access grounds and caps; read the notice carefully.

Disputing a Rent Increase (Social & Mid-rent)

1. Before the effective date, send an objection letter stating why the increase is invalid (wrong cap, wrong points, missing info).
2. If disagreement persists, file with the Huurcommissie; they can test the WWS points and the legal cap.
3. Follow through: If the landlord doesn’t cooperate, the Huurcommissie will decide. Their 2025 policy book governs rent-increase procedures.

The WWS Points System: Pricing Quality

The Woningwaarderingsstelsel (WWS) assigns points for property features (size, facilities, energy label/insulation, location). The total points determine your maximum lawful rent (social and mid-rent). As of 2025, mid-rent regulation extends up to 186 points, and the liberalisation threshold stands at €1,184.82.

Key thresholds (2025):

Points	Segment	Max initial rent (indicative 2025)
≤ 143	Social	Up to €900.07
144–186	Mid-rent (regulated)	€900.07–€1,184.82
≥ 187	Free sector	Above €1,184.82

Source: Huurcommissie (indexed 2025) and government implementation pages.

Pro Tip Use the Huurcommissie Huurprijscheck to self-score WWS points. Save the PDF outcome; it’s evidence if you need to challenge a rent.

Example: Translating WWS Points into a Reality Check

Suppose your Rotterdam apartment is advertised at €1,250 basic rent. If your WWS score yields 165 points, it falls squarely in mid-rent (regulated). Compare the asking rent to the 2025 maximum rent for that points total from the Huurcommissie’s table. If the asking rent is above the maximum, it must come down for new contracts (and, in some cases, existing ones are reducible).

Legal Tip For contracts entered on or after 1 July 2024, landlords must comply with the maximum legal rent at the start. From 1 January 2025, they must also attach the points report. Municipalities can fine for non-compliance.

Rotterdam Price Reality (2025): What Families Actually Pay

While the law sets caps, market offers vary by segment and neighbourhood. Indicative asking levels in 2025:

Segment	Rotterdam trend (2025)	What this means
Mid-rent	~€26–€27.5 per m² (Q1–Q2 2025 averages reported).	A 50 m² flat ≈ €1,300–€1,375 base rent — still within the regulated band if WWS ≤ 186.
Free sector	~€24–€26 per m² in Rotterdam (Q1–Q2 2025), with national free-sector averages about €19–€20 per m².	A 60 m² flat ≈ €1,440–€1,560 base rent; annual increase capped at 4.1% in 2025.

Note: These are asking-price snapshots from market monitors; your lawful rent still depends on the WWS (for social/mid-rent) or your contract + statutory cap (free sector).

Deposits & Keys: Getting Your Money Back

• The maximum deposit is two months of basic rent.
• On check-out, the landlord must settle and refund within 14 days (or 30 days if damages are itemised with evidence).
• Keep a joint inspection report with photos. If the landlord delays unreasonably, write a formal demand; disputes go to the kantonrechter (civil court).

Scam Alert Agents can’t double-charge. If a property is listed publicly (Funda/Pararius/agency site), tenant-paid mediation fees are unlawful when the agent also represents the landlord. Cite the Supreme Court 2015 line and refuse payment.

Registration (BRP): Why It Matters

• Register your address with Rotterdam within 5 days after moving (or up to 4 weeks before). It unlocks health insurance registration, allowances, and many essential services.
• A landlord cannot forbid registration at your rental address; such clauses conflict with public-law duties to register. If challenged, contact the municipality and Juridisch Loket for support.

How to Dispute a Rent Increase (Social & Mid-Rent): Step-by-Step

1. Read the notice carefully: check date, segment, and percentage vs the legal cap.
2. Object in writing before the effective date. Keep delivery proof.
3. Request WWS details: if not provided, demand the full point breakdown (mandatory for new contracts since 1 Jan 2025).
4. File with the Huurcommissie if disagreement remains. Attach your Huurprijscheck result and the disputed notice.
5. After the decision: your rent is corrected retroactively if the committee agrees with you. Their 2025 policy book governs timelines and methodology.

How to Challenge Service Charges: Step-by-Step

1. Ask for the breakdown if the annual settlement is missing or unclear. Landlord must settle within 6 months after year-end.
2. Inspect evidence: invoices, meter readings, allocation keys; take notes/photos.
3. Object in writing within a reasonable time, proposing corrections.
4. Huurcommissie route: if no agreement, file. The committee uses the Servicekosten policy (updated July 2025).
5. Refunds: If the decision finds overpayment, request the refund from the landlord; for enforcement help, contact Juridisch Loket.

Furnished vs. Unfurnished: The Dutch Reality

• Unfurnished (kaal) often means no flooring, lamps, or curtains. Budget for initial setup.
• Upholstered (gestoffeerd): typically includes floors and window coverings.
• Furnished (gemeubileerd): includes furniture and often kitchenware; a reasonable furniture fee can be charged as service cost — check amounts and depreciation assumptions in the settlement.

Pro Tip If you accept a “furniture package,” ask for an itemised list with monthly fee and age/condition; this helps challenge excessive charges later.

Regional Features: Rotterdam Examples

• Permits & landlord conduct: Rotterdam enforces Good Landlordship locally (e.g., in Rotterdam-Zuid) and can require permits in designated areas. Check your address. Report unlawful rents or harassment to the municipal Meldpunt.
• Huisvestingsvergunning: in certain areas, you (the tenant) must obtain a permit to live and register there; this is separate from the tenancy agreement.

Worked Money Examples (Rotterdam 2025)

Example 1 — Mid-rent flat, 52 m² Asking: €27/m² ⇒ €1,404 basic rent. If WWS = 170 points, the home is regulated mid-rent. Your max lawful rent is the one in the 2025 table for 170 points; if the asking price is above that number, it must come down for a new contract (and you can seek correction).

Example 2 — Free-sector 60 m² Asking: €25.5/m² ⇒ €1,530. If WWS ≥ 187 points (free sector), the 2025 increase cap is 4.1%. If your landlord proposes 6%, you can object — it exceeds the legal maximum.

Example 3 — Service charges Your settlement shows €45/month for “administration” and €30/month for “stairwell cleaning.” Ask for invoices. Cleaning is reasonable; admin add-ons beyond what’s allowed are challengeable. If the landlord doesn’t provide documents or misses the 30 June deadline, escalate.

Common Mistakes (and How to Avoid Them)

• Not registering BRP → risk losing benefits and trouble with post/insurance. Register within 5 days.
• Accepting unlawful agency fees → if the agent also represents the landlord, don’t pay.
• Ignoring WWS points → mid-rent is regulated; overpaying at the start is avoidable. Ask for the point report.
• Letting service-charge deadlines slip → settlements are due by 30 June; keep emails and ask for invoices.
• Living with serious defects → if not repaired in a reasonable time, file for temporary rent reduction.

Frequently Used Links & Authorities (Rotterdam)

• Huurcommissie — rent, points, increases, service-charge disputes; policy books (2025).
• Rijksoverheid — national law updates (fixed contracts, deposit cap, rent-increase caps).
• Rotterdam Municipality — BRP registration; reporting undesirable landlord conduct; local permits.

Legal Requirements in the Netherlands (2025)

Requirement	Description	Source
Contract type	Default is indefinite; temporary only for narrowly defined groups.
Deposit cap	Max 2 months’ basic rent; 14-day refund (30 with specified damages).
WWS point report	Mandatory to supply with new contracts (from 1 Jan 2025); municipalities enforce.
Rent increase cap (social)	Max 5.0% from 1 July 2025; income-based additions possible.
Rent increase cap (mid)	7.7% (from 1 Jan 2025).
Rent increase cap (free)	4.1% (2025).
Service-charge settlement	Provide within 6 months after year-end (typically by 30 June).
BRP registration	Register at the municipality within 5 days of moving.

Cultural & Practical Notes for the Netherlands

• “Kaal” is really bare: expect to install your own flooring and light fixtures unless it says gestoffeerd or gemeubileerd.
• Separate utilities vs. all-in: many Rotterdam flats have separate energy contracts; check whether heating is collective (service-charge eligible) or individual.
• Markets move, the law doesn’t (as fast): asking prices reflect scarcity; your lawful price uses WWS (regulated) or the statutory cap (free sector).

Troubleshooting: Who to Call

• Huurcommissie: rent, points, increases, service charges. (File online; low fees).
• Juridisch Loket: free legal help for tenants.
• Municipality (Rotterdam): BRP, Meldpunt ongewenst verhuurgedrag, huisvestingsvergunning, landlord permits.

Key Takeaways

• Know your segment: social (≤ 143 points), mid-rent (144–186), free (≥ 187). Your rights differ.
• Demand the WWS report for new contracts (mandatory since 1 Jan 2025). Use the Huurprijscheck to verify.
• Respect caps: 5.0% (social, from 1 July 2025), 7.7% (mid), 4.1% (free). Object before the effective date if wrong.
• Service charges must match actual costs and be settled by 30 June for the prior year; ask for invoices and file if needed.
• Deposits: max 2 months, refund 14 days (30 with itemised damages). Don’t pay unlawful agency fees.
• Rotterdam specifics: register BRP promptly; check if a huisvestingsvergunning or area landlord permit applies; use the Meldpunt to report abuses.
• Don’t live with defects: document, set deadlines, and seek temporary rent reduction for serious issues.

Final Word The Dutch system is rules-based and documented. Keep everything in writing, learn your points total, and use the Huurcommissie and Rotterdam’s municipal tools when needed. That’s how you live well — and fairly — in Rotterdam.