Rental law
Renting a home in a foreign country can be challenging, especially when the rules and protections differ from what you’re used to. Whether you’re a tenant or a landlord, it’s important to understand your rights and obligations under Dutch rental law (huurrecht). This article explains how rental law works in the Netherlands, including both private and business leases.
What is rental law?
Rental law is the area of Dutch civil law that governs agreements between landlords and tenants. It applies to both residential and commercial rentals, though different rules; may apply depending on the type of contract and property.
The main rules are laid down in Book 7 of the Dutch Civil Code (Burgerlijk Wetboek) [1]. Additional regulations may apply based on the type of property or local municipality rules.
Renting as a private person vs renting as a business
In the Netherlands, you can rent a property either as a private individual (for personal use) or as a business (for commercial purposes).
Private residential rentals
Private rentals are used when an individual rents a property to live in. The law offers strong protections to tenants in these cases, such as:
- Minimum notice periods
- Restrictions on rent increases
- Rules on maintenance and repairs
- Mandatory procedures for eviction
The applicable legal framework is found in articles 7:237–7:282 Dutch Civil Code (Burgerlijk Wetboek), including tenant protection and rent regulation [2].
Commercial and business rentals
Business or commercial rentals are used when a tenant rents a property for professional activities, such as an office, shop, or restaurant. These fall under different categories:
- Office and industrial spaces – These types of rentals are governed by article 7:230a of the Dutch Civil Code (Burgerlijk Wetboek). This legal regime applies to properties such as offices, warehouses, and workshops. It offers more contractual freedom, meaning the landlord and tenant can agree on most terms themselves. However, it provides less statutory protection for tenants: the lease can be terminated more easily, and there is no automatic right to a fixed rental period or renewal. If the tenant refuses to vacate after termination, the landlord must still go to court to request eviction.
- Retail or hospitality spaces – These fall under articles 7:290–7:310 of the Dutch Civil Code (Burgerlijk Wetboek) and include shops, restaurants, cafés, and similar businesses that are open to the public. Tenants benefit from strong legal protections, including a mandatory initial rental period of five years, followed by an automatic renewal for another five years. This structure provides business continuity and security. Termination by the landlord is only possible under strict conditions and often requires court approval.
Whether you are a landlord or tenant, it’s important to ensure the rental contract matches the legal category of the property.
Rental contracts and legal formalities
A rental agreement may be concluded verbally, but since the 1st of July 2023, it must subsequently be documented in writing. This rule aims to ensure clarity and prevent disputes.
The contract must clearly state key elements such as rent, deposit, notice period, and the rental period. Verbal agreements made after this date are still valid, but the landlord is legally required to provide a written version.
Types of residential rental agreements
There are two common types of contracts for residential rentals:
- Indefinite-term contracts: These continue until legally terminated by one of the parties. They provide long-term security for tenants.
- Fixed-term contracts: These have a set end date. Since 2016, temporary contracts are allowed for up to 2 years (for independent housing) or 5 years (for rooms). These agreements end automatically on the agreed date if proper notice is given in advance (Article 7:271(1) of the Dutch Civil Code (Burgerlijk Wetboek)).
An exception to normal tenant protection applies to these temporary contracts: if the end date is respected and the proper notice is given, the landlord does not need court approval to end the lease.
Rent control and rent increases
The woningwaarderingsstelsel (rental points system) is used in the Netherlands to determine whether a residential property falls under rent regulation [3]. This system assigns points based on the quality of the rental home – including factors such as location, size, energy efficiency, and facilities. The total number of points determines the maximum base rent (kale huur) a landlord may legally charge.
- If the property scores below a certain points threshold, it qualifies as social housing. These properties are subject to regulated rent, meaning there are maximum rent limits and strict rules on annual increases.
- If the score is high enough, the property falls in the free sector. In that case, landlords have more freedom to set the initial rent and negotiate annual increases.
The agreed rent amount should be clearly stated in the rental contract. If a tenant disagrees with the rent – especially at the beginning of the tenancy – they can request a rent review through the Rent Tribunal (Huurcommissie) [4,5]. This must be done within the first six months for free-sector rentals. For social housing, rooms, and mid-range (middenhuur) contracts starting after the 1st of July 2024, the rent can be reviewed at a later stage as well.
Important note: A landlord may not terminate the tenancy simply because the tenant challenges a rent increase or disagrees about service charges. This rule does not apply to liberalised (free-sector) rental contracts, as outlined in Article 7:274(1)(d) Dutch Civil Code (Burgerlijk Wetboek).
Maintenance and repairs
- Landlords are responsible for major repairs and structural issues (Article 7:206 Dutch Civil Code (Burgerlijk Wetboek)).
- Tenants must handle small repairs and day-to-day maintenance (Article 7:217 Dutch Civil Code (Burgerlijk Wetboek)). A detailed list is set out in the Minor Repairs Decree (Besluit kleine herstellingen) [6].
If the contract doesn’t specify responsibilities, these default rules apply.
Ending a tenancy
- Tenants can usually terminate their contract with one month’s notice (Article 7:271 Dutch Civil Code (Burgerlijk Wetboek)), unless otherwise agreed.
- Landlords may only end a tenancy on specific legal grounds listed in Article 7:274 Dutch Civil Code (Burgerlijk Wetboek), such as:
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- Rent arrears or serious nuisance
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- Urgent personal use of the property
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- Refusal of reasonable contract changes
If the tenant does not agree with the termination, the contract continues, and the tenant may stay in the property under full legal protection. This is known as huurbescherming (tenant protection). The landlord must then go to court to request termination and eviction – a tenant cannot be evicted without a judge’s approval.
There is one exception: in the case of properly notified temporary contracts (of up to two or five years), the lease ends automatically, and the tenant must vacate the property.
Deposits and disputes
Most landlords ask for a security deposit of one or two months’ rent. At the end of the tenancy, the landlord must return the deposit within a reasonable time, minus any justified deductions.
If there’s a dispute about the deposit or other rental matters:
- Tenants in regulated housing can contact the Rent Tribunal [7]
- In other cases, parties may need to go to civil court
Conclusion
Dutch rental law provides strong protections for tenants while also offering clarity and structure for landlords. Whether you’re renting as a private individual or as a business, understanding the rules – and your legal position – can help prevent conflict and ensure fair treatment. If you’re in doubt, consult a legal professional who understands Dutch rental law.
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References
[1] Government of the Netherlands, Dutch Civil Code (Burgerlijk Wetboek), Book 7, wetten.overheid.nl, accessed on 06/16/2025
[2] Government of the Netherlands, What rights and obligations do I have as a tenant? (Welke rechten en plichten heb ik als huurder?), rijksoverheid.nl, accessed on 06/16/2025
[3] Government of the Netherlands, What is the maximum rent I pay for my home? (Hoeveel huur betaal ik maximaal voor mijn woning?), rijksoverheid.nl, accessed on 06/16/2025
[4] Rent assessment committee (Huurcommissie), huurcommissie.nl, accessed on 06/16/2025
[5] Ministry of Housing and Spatial Planning, Tenancy protection and rental contracts (Huurbescherming en huurcontracten), volkshuisvestingnederland.nl, accessed on 06/16/2025
[6] Government of the Netherlands, Decision on minor repairs (Besluit kleine herstellingen), wetten.overheid.nl, accessed on 06/16/2025
[7] Government of the Netherlands, Involving the Rent Tribunal, government.nl, accessed on 06/16/2025