Legal Aspects of Renting

Dutch law protects tenants against attempts by the landlord to terminate a tenancy contract. A landlord can only terminate a tenancy contract once this has been approved by a judge. The only exception to this rule is with a short-term tenancy contract, however, there are strict and limited rules for the use of such a contract. Expats are often offered a short-term contract. They are urgently advised to check that the content of the document is legally sound.  

In the Netherlands, tenants are well protected when it comes to rent rates. Expats—and their foreign employers—are often willing to pay higher rents, but sometimes the rent being charged may not reflect the true value of the property. In such cases, tenants can request a legal committee to review the situation.

There are strict rules about rental rates for properties below a certain price limit, known as the 'liberalisatiegrens.' If the rent is below this limit, these rules apply; if the rent exceeds the limit, the rules no longer apply, allowing the tenant and landlord to set the rent freely.

If you believe the rent is too high, you can request a legal committee to assess it within the first six months of the tenancy. If the committee finds that the rent should be below the price limit, they can lower it. However, if you don't request an assessment within these six months, the rent is assumed to be valid, and you'll remain in the higher rent category.

You should keep in mind that it is against Dutch law for agents offering property rentals to charge prospective tenants a brokerage fee for their services. If an agent is representing the landlord (as is often the case) and you are not able to deal directly with that landlord, the agent is not allowed to charge you a brokerage fee.