Tenancy agreements can be a minefield, especially if you are new to the Netherlands and not sure what you are getting into. GMW lawyer and tenants’ rights expert Wouter de Veer has the answers to some of your most common questions.
1. Can my landlord just drop around or even let himself into our house with a key?
No. The landlord may only enter the house with the permission of the tenant. In some cases, however, the tenant is required to let in the landlord or someone else on their behalf. This applies if:
a. There is an emergency requiring immediate action
b. Urgent work needs to be carried out on the property
c. The tenancy agreement is being extended and the landlord wants to carry out renovation work – as long as the tenant has agreed, or the landlord has made a reasonable proposal
d. The landlord must allow something to be done for the benefit of a neighbouring property
e. The landlord plans to sell the property or find a new tenant and wants people to view the premises
f. Or there is another situation in which the tenant must grant access to the landlord, as stipulated in the tenancy agreement
2. My landlord says I have to pay a deposit of three times the monthly rent. Is this legal?
In the past, landlords were allowed to ask for three months’ rent as a deposit. However, recently, Dutch law has changed and landlords can only ask for a maximum of two months’ rent.
3. My landlord won’t give me back my deposit. What are my rights?
Article 7:261b DCC says the landlord must return the deposit within 14 days after the end of the tenancy agreement. If the property is damaged or the rent is not paid in full, the landlord must return the deposit within 30 days after settlement of these costs. If the landlord does not comply with these obligations, you can claim repayment of the deposit. Talk to a lawyer about this.
4. My landlord wants to evict me. What are my rights?
That very much depends on the circ*mstances and you should always consult a lawyer in such a situation.
5. My landlord wants to put the rent up. What are the rules?
That depends on the terms of the contract. In addition the Dutch government has set a maximum percentage by which the rent can be increased – in the non-rent controlled sector this year the maximum increase is 5.5%, in social housing, 5.8%.
If you feel the rent is being raised by too much, take legal advice.
6. I think my rent is too high according to the puntentelling. What can I do?
You can calculate the maximum rent you should be paying on the rent tribunal website. However, this rental ceiling only applies to properties in the social housing sector – currently property worth up to 146 points. If your home is worth more points than that, the landlord is free to set the rent – although this may change in the near future.
If your rent is too high for the number of points, contact the landlord first. If you cannot reach an agreement, you can ask the Huurcommissie to act and determine the rent. However, there are legal deadlines to this, and you may find you are no longer able to go to the Huurcommissie.
7. My house needs urgent repairs but my landlord won’t do anything
The landlord is only obliged to carry out repairs if the defects are part of the rented property. Minor repairs should be carried out by the tenant. An overview can be found on the government’s website (in Dutch).
You must always request the landlord to carry out the repairs in writing and you must give the landlord a reasonable period of time to do the work. If the landlord still does not repair the defects, you might be entitled to have the defects repaired by someone else and deduct the costs from the rent.
8. I’d like my boy-/girlfriend to move in with me but the landlord says no. What are my rights?
In principle, refusing to allow a partner to move in in a violation of article 8 of the European Convention on Human Rights which covers respect for family and private life. There are exceptions, however. Living together must not lead to overcrowding which could occur if too many people live in a small property. However, cohabiting with one person is rarely considered to be overcrowding.
If you are married or have a registered partnership, then your partner is automatically a joint tenant. However, if you don’t have a formal relationship, there are different rules and you will have to apply to your landlord for medehuurderschap.
Should you encounter any problems with your tenancy agreement, feel free to contact GMW Lawyers. We will be happy to assist you.
