4 June 2026
A question we often receive: “May I enter the property I have rented out without the tenant’s permission?” Landlords naturally want to know whether their property is being properly maintained and whether the tenant is using it in accordance with the agreed terms.
The short answer: not just like that. The main rule is that a landlord may not enter the dwelling property without the tenant’s consent. However, there are certain situations in which entering the property must nevertheless be permitted. In this article, I explain the circumstances in which a landlord may (and may not) enter a rented dwelling.
A tenant who lives in rented accommodation has the right to undisturbed enjoyment of the property. Because the property is residential accommodation, this also means that the landlord must respect the tenant’s privacy. The right to respect for private life is a fundamental right. Articles 10 and 12 of the Dutch Constitution protect personal privacy within the home.
In principle, the decision to allow people into a rented dwelling therefore lies with the occupant: the tenant. If a landlord enters the rented dwelling without the tenant’s consent, this may constitute unlawful entry. This is a criminal offence under Article 138 of the Dutch Criminal Code.
There are nevertheless situations in which a landlord may enter the rented dwelling. One example is an emergency. If the property is on fire, the landlord may enter to extinguish the fire. However, there must be an emergency in which it is not possible to wait for the tenant’s permission.
There are also situations in which a tenant must grant permission for to the landlord to enter the dwelling if the landlord has a valid reason to do so.
First, this applies when the landlord wishes to inspect and repair defects, carry out urgent works or perform renovation works. The landlord must announce the visit to the tenant in advance, after which the tenant must grant access to the property. This obligation follows from Article 7:220 of the Dutch Civil Code.
A second situation arises when there is a suspicion of neglect or housing fraud. In that case, the landlord may request access for inspection on the basis of the tenant’s duty to act as a good tenant under Article 7:213 of the Dutch Civil Code. The landlord must, however, demonstrate why there is a suspicion of neglect or housing fraud. In a case concerning alleged neglect, the Maastricht subdistrict court ruled that inspections were not necessary because there were no indications of neglect.[1]
A third situation in which a tenant must open the door of their rented dwelling concerns viewings for the purpose of sale or, towards the end of the tenancy, reletting (Article 7:223 of the Dutch Civil Code). When a landlord wishes to sell or relet the property, the tenant may be expected to grant access for valuation and viewings. This may be a significant obligation for the tenant and may involve several visits to the property by potential buyers or tenants and their estate agents over a period of time.[2]
Finally, under the so-called “ladder right” in Article 5:56 of the Dutch Civil Code, access to the property must be granted if this is necessary to carry out work on a neighbouring property. This obligation applies to both the landlord and the tenant.
The fact that a tenant must grant access does not mean that the landlord may simply enter the property, except in emergencies. If a tenant unjustifiably refuses the landlord access, the tenant may be ordered by the court to grant access. In such a case, the court will determine that the tenant must provide access. If the tenant still refuses after such a judgment, the landlord may obtain access to the property with the assistance of a bailiff.
A landlord must always have a demonstrable interest in obtaining access. If such an interest is absent, there is no necessity to enter the property. An example of this can be found in a judgment of the Rotterdam District Court.[3] In that case, the tenant stated that he would grant access if necessary. At the time of the proceedings, however, the landlord had no concrete reason for access. If the landlord does not have a legitimate interest in entering the property without consent, and thereby infringing the tenant’s privacy, the tenant is not obliged to grant access.
The tenancy agreement should clearly set out when the landlord may enter the property and when the tenant must grant access. This obligation is laid down in the Good Landlordship Act (Wet goed verhuurderschap). The ROZ model terms for tenancy agreements contain a provision that clarifies these arrangements.
A valid legal reason is required to enter a dwelling without consent. Landlords should be aware of this when requesting access.
Both tenant and landlord benefit from announcing visits in good time. The tenant then knows what to expect, and the landlord avoids finding a closed door. If consultation does not provide a solution, it is possible to initiate court proceedings to obtain access.
Is your tenant unjustifiably refusing you access to a rented dwellingproperty? Or do you have other questions regarding tenancy law? Please feel free to contact us.
[1] ECLI:NL:RBLIM:2024:1120 r.o. 4.9
