New Tenant Protection Rules in The Netherlands

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 has applied. This legislation contains additional obligations for the landlord. If the landlord does not comply with them, the municipality has the option of imposing an administrative fine. That fine can amount to €25,750 in extreme cases and up to €103,000 for repeat offenses. In certain instances, the municipality can also temporarily take 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:

• The landlord does not discriminate. He uses a clear and transparent selection procedure and motivates his choices. He shall put his working method in writing.
• The landlord shall refrain from intimidation.
• The deposit may not exceed two months’ worth.
• The tenancy agreement shall always be in writing.
• The tenant is informed in writing of his rights and obligations insofar as these are not included in the tenancy agreement.
• The municipality opens a municipal hotline where tenants can address complaints.
• The municipality is sometimes authorized to introduce a permit requirement by ordinance. In that ordinance, the municipality can attach conditions to the license that relate to good landlordship, rent, and maintenance. When renting to labor migrants, rules regarding accommodation and facilities can also be set.
• 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,
  • an annual overview of the service costs breakdown must be provided.
• No more service charges may be levied than permitted by law.
• No mediation fees may be charged to the tenant if the mediator also acts for the landlord.
• When renting to migrant workers, the rental agreement must be recorded separately from the employment contract.
• 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 license conditions, the municipality may take over the management of the rented property. It can then set the rent at the legal maximum, collect it and install necessary facilities… at the landlord’s expense, of course.

Fortunately, most landlords are good ones. Should you still face a problem with the landlord, GMW lawyers will be happy to act for you. Contact: www.gmw.nl

This article is written by Marie-Christine Veltkamp-van Paassen, from GMW Lawyers