Information for tenants
The Dutch Landlords Good Practices Act [Wet goed verhuurderschap] requires landlords and letting agents to provide tenants with information when entering into a tenancy agreement. We are providing that information here. This is general information rather than specific information about your tenancy agreement.
The content of this information does not alter the arrangements contained in the tenancy agreement. We have done our best to make sure this information is accurate. However, the details of the Act may differ from the information provided here. If so, the actual details of the Act will be decisive.
Therefore, you cannot derive any rights from this information sheet.
Rights and obligations regarding the property
You are obliged to use the rental property in accordance with the use stated in the tenancy agreement. With regard to the use of a residential property this means, for example, that you may not use the residential property for other purposes, such as practising a profession or running a business. Nor may the property be used for criminal activities, like a cannabis factory, drug lab or to store weapons or fireworks. You must reside in the property yourself and it must be your primary residence. You may not allow anyone else to use the residential property, even in part. Temporary use by someone else is also prohibited, even if the other person is not paying any rent.
Are you thinking of using the rental property for some other use than was originally agreed? Make sure to obtain your landlord’s prior written consent.
Are you failing to perform your obligations relating to the use of the rental property? This may result in you having to pay a penalty or compensation to your landlord. In addition, it may result in the tenancy agreement being terminated. In such case you will have to leave the property. It may then be difficult for you to find another home.
Access for the landlord
The landlord may only access the rental property with your consent, unless:
- there is an emergency situation that requires immediate action;
- urgent work needs to be carried out on the residential or lodging areas as referred to in Section 7:220(1) of the Dutch Civil Code;
- your landlord wishes to continue the tenancy agreement and wants to carry out renovations as referred to in Section 7:220(2) of the Dutch Civil Code and you agreed to this or a court has determined that your landlord has made a reasonable proposal in this respect;
- your landlord is required pursuant to Section 5:56 of the Dutch Civil Code to permit something on behalf of a neighbouring property;
- this is for purposes of a viewing for sale or a new tenancy as referred to in Section 7:223 of the Dutch Civil Code.
In a number of cases you are required by law to give the landlord consent to enter your home. In addition, you may agree with your landlord that you will allow the landlord to enter the property. You may also have given consent in the tenancy agreement to allow the landlord to enter your home, for example to check whether you are complying with the agreements in the tenancy agreement.
Types of tenancy agreements
There are different types of tenancy agreements. The law obliges your landlord and letting agent to inform you of the types of tenancy agreements with the relevant tenancy and rent protection, the possibilities of annual rent increases and the way in which you can calculate the rent on the basis of the property valuation system. You can find information on this on www.rijksoverheid.nl (under “Different kinds of tenancy agreements for a residential property”).
Does the property have any defects? You will have to fix some things yourself. This applies to minor repairs. These are defects that you will be able to fix with minimal costs. A list of examples of minor repairs can be found on wetten.overheid.nl/BWBR0014931/#Bijlage. When it comes to defects to changes and additions you made yourself or which you took over from a previous tenant, you will have to rectify these defects yourself.
What to do if a defect is not in one of those categories? Please contact your landlord. If your landlord has appointed a property manager, you can contact the property manager. The contact details are in the tenancy agreement.
Rent Tribunal or subdistrict court
In certain cases, if you and your landlord cannot reach agreement, you can present a dispute to the Rent Tribunal (Huurcommissie) or the subdistrict court (kantonrechter). More information is available on www.rijksoverheid.nl (under “Wanneer kan ik terecht bij de Huurcommissie en wanneer bij de kantonrechter?”)
The tenancy agreement will state whether you have to pay a security deposit and the deposit amount. After the end of the tenancy agreement, the landlord will determine whether you have left the rental property in good condition. If the property is damaged or you have not yet performed all your payment obligations, your landlord can set off the outstanding debt against the security deposit. Your landlord must pay back any remainder of the security deposit to you within 30 days after the end of the tenancy agreement. Is there nothing to set off? The landlord must return the security deposit to you within 14 days.
Bear in mind that the return of the security deposit does not mean that you no longer owe anything. Particularly if you pay service charges there is a possibility that a settlement bill may follow.
The tenancy agreement will state whether the landlord provides additional supplies and services in addition to making the property available for use and what you will have to pay in service charges.
Landlord’s / property manager’s contact details
You can go to your landlord for matters concerning the rental property. The contact details will be in the tenancy agreement. If the landlord has appointed a property manager, you can contact the property manager for these matters.
Reporting hotline contact details
Your landlord wants to be a good landlord. If there is something you do not agree with, try to resolve the matter with your landlord first. If your landlord does not behave like a good landlord, you can report this to a reporting hotline that has been set up by the local authority. The contact details of the reporting hotline in your municipality are: