29 April 2024

Important for tenants in the Netherlands: new protection rules!

By Marie-Christine Veltkamp-van Paassen

Do you rent your house in the Netherlands? If so, as a tenant you are protected against the landlord if, for example, he charges too high a rent, does not repair defects or does not want to repay the deposit at the end of the tenancy.

The tenant can go to the Rent Commission or the subdistrict court, which will then give a ruling and, if necessary, order the landlord to repair or pay.

Good Landlord Act

From 1 July 2023, the Good Landlord Act applies. This contains additional obligations for the landlord. If the landlord does not comply with these obligations, the municipality has the option of imposing an administrative fine on the landlord. That fine can amount to €25,750 in extreme cases, and up to €103,000 in repeat offences. In certain cases, the municipality also has the option of temporarily taking over the management of the leased property. These are far-reaching measures.

New obligations for landlords and their enforcement

The Good Landlord Act changed/clarified the following:

  1. a) The landlord does not dircriminate. He uses a clear and transparent selection procedure and motivates his choices. He shall put his working method in writing
  2. b) The landlord shall refrain from intimidation
  3. c) The deposit may not exceed two months
  4. d) The tenancy agreement shall always be in writing
  5. e) The tenant is informed in writing of his rights and obligations, insofar as these are not included in the tenancy agreement
  6. f) The municipality opens a municipal hotline, where tenants can address complaints
  7. g) The municipality is authorised in certain cases to introduce a permit requirement by ordinance. In that ordinance, the municipality can attach conditions to the licence that relate to good landlordship, rent and maintenance. When renting to labour migrants, rules regarding the accommodation and facilities can also be set.
  8. h) The rental agreement must state: the term of repayment of the deposit (14 days without settlement, 30 days with settlement of costs), the details of a caretaker the tenant can contact, the contact details of the municipal hotline, which service costs are due, that an annual overview of the service costs breakdown must be provided.
  9. i) No more service charges may be levied than permitted by law
  10. j) No mediation fees may be charged to the tenant if the mediator also acts for the landlord
  11. k) When renting to migrant workers, the rental agreement must be recorded separately from the employment contract
  12. l) Information on further rights and obligations must be recorded in a language the migrant worker understands

If a landlord fails to comply, the municipality may impose a fine. In case of multiple fines, or if a landlord does not comply with the applicable licence conditions, the municipality may take over the management of the rented property. It can then set the rent at the legal maximum, collect the rent and install necessary facilities. At the landlord’s expense, of course.

More information

Fortunately, most landlords are good ones. Should you still face a problem with the landlord, then please contact us. We will be happy to act for you.

Marie-Christine Veltkamp - van Paassen

Marie-Christine Veltkamp-van Paassen

Lawyer / associate partner

‘A Realistic Perspective with Broad Experience’

Related blogs

Previous slide
Next slide

10 February 2025

The role of housing associations in expanding the mid-market rental segment

Addressing the housing shortage in the Netherlands is a priority. To this end, the National Performance Agreements stipulate that housing associations must construct 50,000 mid-market rental homes by 2030.

Read more

Read more about

22 January 2025

Home Exchange and the Requirement of a Compelling Interest

Due to the current housing market shortage, tenants are increasingly submitting requests for home exchanges.

Read more

Read more about

2 December 2024

Eviction of Commercial Property Due to Rent Arrears

Under Article 7:212 of the Dutch Civil Code and the lease agreement, a tenant is required to pay the rent in full and on time.

Read more

Read more about

18 November 2024

Affordable rent act

In recent years, the housing market has undergone significant changes. Transfer tax and the box-3 tax have been increased, the buyout protection and Good Landlord Act have been introduced, and temporary rental contracts are being abolished.

Read more

Read more about

9 October 2024

Termination of residential tenancy for landlord’s urgent occupancy

Tenants of residential properties can terminate an indefinite-term tenancy agreement without reason, observing a notice period equal to the rental payment term (unless a minimum duration is agreed upon). This does not apply to the landlord.

Read more

Read more about
All articles