What your landlord can legally do

Since the Wet betaalbare huur, the maximum annual increase depends on which segment your rent falls into under the WWS points system (per 1 January 2026): social sector (up to 143 points, kale huur up to roughly €933/month), midden-huur (144-186 points, up to roughly €1,228/month), or vrije sector (186+ points, no cap on the rent itself). For 2026 the maximum increase is 4.4% in the free sector, and 6.1% in the midden-huur segment (capped at 3.65% for homes right at the 186-point boundary) - always check Rijksoverheid.nl for the exact current-year percentage since it is re-indexed annually.

The landlord cannot increase rent mid-contract without your agreement unless the contract explicitly allows it. Any clause giving the landlord unlimited or arbitrary rent increase power is legally unenforceable.

For social rentals, the annual increase is capped by law and is usually lower than free-market increases, and can also depend on household income (an income-dependent increase applies from 1 July each year, based on income from two years earlier).

Who is responsible for what

Under Dutch law (Book 7 BW), the landlord must ensure the property is in a good state of repair and must fix structural defects, major plumbing failures, roof leaks, heating system failures, and other significant issues at their cost.

Tenants are responsible for minor daily maintenance - changing light bulbs, minor painting touch-ups, unclogging drains from their own usage, and small repairs under approximately EUR 300 each.

Any lease clause that shifts major maintenance obligations to the tenant is legally unenforceable under Dutch law. The landlord cannot make you pay for repairs that are legally their responsibility, regardless of what the lease says.

What landlords can and cannot deduct

The legal maximum deposit since July 2023 (Wet betaalbare huur) is 2 months rent. If your landlord took 3 months or more, you can reclaim the excess.

The landlord can only deduct from your deposit for: damage you caused beyond normal wear and tear, unpaid rent, and unpaid service costs. They cannot deduct for: normal wear and tear (fading paint, minor scuffs), pre-existing damage documented at move-in, cleaning costs if you left the property reasonably clean.

The landlord must return the deposit or send a detailed itemised breakdown within 14 days of you leaving. If they miss this deadline, they lose the right to deduct.

Your tenant protections under Dutch law

Dutch tenants have very strong protection. A landlord cannot force you to leave just because they want to. To legally end your tenancy, they need a valid ground: urgent personal use (genuine need to live there themselves), renovation requiring vacant possession, the property being sold (note: "koop breekt geen huur" - a new buyer must honour your lease), or serious lease violations by you.

Notice periods: tenants must give 1 calendar month's notice (or longer if specified in the contract). Landlords must give at least 3 months, increasing by 1 month per year of tenancy up to a maximum of 6 months.

A landlord cannot evict you without a court order. Even if they claim you must leave, you have the right to stay until a court rules otherwise - the process takes months and they must have valid grounds.

Your right to register at your address

You have a legal obligation to register at your address with the gemeente (BRP - Basisregistratie Personen) within 5 days of moving in. The landlord does not have the legal right to prevent this - a lease clause prohibiting registration is unenforceable and is itself a red flag suggesting the property may be illegally subdivided or the landlord is committing tax fraud.

Without BRP registration, you cannot get a BSN number, open a Dutch bank account, access healthcare properly, or renew your visa. It is in your direct interest to register.

What landlords can charge and how to challenge it

Service costs must be specified separately from rent and must reflect actual costs. Allowable service costs include: gas, water, electricity for common areas, building cleaning, garden maintenance, lift maintenance, and internet if provided. The landlord must provide a yearly breakdown of actual costs and must refund any overpayment.

As of 2026, service costs must in principle be charged excluding VAT - a landlord may only charge including VAT if a legally required minimum share of tenants in the building has explicitly agreed to it. If your service costs invoice includes VAT and you never agreed to this, ask the landlord to justify it - this is a legitimate, current basis for a challenge.

Lump-sum service costs with no itemisation are a red flag. If the landlord refuses to provide a breakdown, the Huurcommissie can order them to do so and can reduce or eliminate service costs that are not substantiated.

Temporary vs permanent contracts in practice

A temporary contract (tijdelijk huurcontract) under the Wet toelating verhuur (2024) is legally capped at 2 years for independent homes and 5 years for shared accommodation. After it expires, you have no automatic right to stay - the landlord can ask you to leave without giving a reason. These contracts do not auto-convert to permanent.

A permanent contract (huurcontract voor onbepaalde tijd) gives you very strong tenant protection. The landlord can only end it with valid legal grounds and a court order. Your rent is also eligible for Huurcommissie protection and the annual indexation cap applies.

From January 2024, new temporary contracts cannot be renewed as temporary - a second contract at the same address automatically becomes permanent.

When subletting is allowed

Subletting is banned by default unless your lease explicitly permits it. Subletting the entire property without permission is grounds for termination. However, Dutch law allows tenants to sublet part of their home (a room, not the whole property) under certain conditions, even without landlord permission, if you demonstrate genuine need and the property will remain your primary residence.

If you want to sublet a room, send a written request to the landlord with your reasons. If they refuse without valid grounds, you can apply to the Kantonrechter for permission. Valid landlord objections include: overcrowding, the sublettee not being able to meet the house rules, or genuine security concerns.