Dutch rental contract: 9 essential elements (2026 guide)

A rental contract is more than a formality. It determines for years who can do what, who pays what, and how you can release each other if it does not work. Since 1 July 2024 the rules changed on two key points: the Wet vaste huurcontracten largely abolished temporary contracts, and the Wet betaalbare huur extended the points system and capped the deposit at two months base rent.

This guide walks through the nine elements that must always be correct, for independent housing and for dependent rooms (excluding lodger rooms; different rules apply there, see our lodger contract guide).

1. Who are the parties?

It seems obvious, but identification mistakes make contracts contestable. State for landlord and tenant:

• Full name as on the ID
• Date of birth (tenant)
• Address and place of residence (landlord)
• Email and phone for formal communication

If the landlord is a legal entity (BV, foundation, housing corporation), include the KVK number and the name of the authorised signatory. With multiple owners renting out, all sign, otherwise the contract is only partially valid.

2. What exactly is the rented space?

A vague description is a future argument. Describe:

• Address with house number and any indicator (e.g. "1st floor left" or "room 3")
• Floor area in square meters (measured per NEN 2580 if possible)
• Type of housing: independent (own front door, kitchen and bathroom) or dependent
• Which spaces are co-rented (only the room? Or also garden, storage, bicycle shed?)
• Energy label
• For dependent rentals: which facilities are shared and with how many other tenants

This is not just administratively important. In a Huurcommissie test, the rent is calculated based on the points system, and that points system looks directly at area and facilities.

3. Rent and service costs, strictly separated

Many contracts lump these together. That is legally wrong and in many cases to your disadvantage. Always split into:

• Base rent: only the use of the housing itself
• Service costs: advance for gas, water, electricity, internet, cleaning of communal spaces, use of furnishings

Service costs are an advance, not a fixed price. The landlord must reconcile annually based on actual consumption, per the Decree on service costs. Paid too much advance? You should get it back.

4. Term, indefinite is the norm

Since 1 July 2024 a permanent rental contract is the default. Temporary contracts are limited to five legal exception groups:

Exception	Maximum duration (independent)	Maximum duration (room)
Family or friend	2 years	5 years
Student in student housing	–	until end of study
Temporary worker	2 years	5 years
Returning expat (last 2 years back)	2 years	5 years
Awaiting demolition or major renovation	2 years	5 years

No valid exception ground? Then a temporary contract automatically converts to indefinite term, with full tenant protection. For landlords this is an important change: you can no longer "just let someone live there" with the certainty that they will be gone after a year.

5. Deposit, max two months base rent

The Wet betaalbare huur capped the deposit at two months base rent (article 7:261b BW). A higher deposit is void: you can reclaim the excess, even afterwards.

Sensible to include in the contract:

• The exact deposit amount in euros
• IBAN to which the deposit is transferred
• Period within which the deposit is returned (statutorily: within 14 days of contract end, with deduction of itemised, substantiated costs)
• Possible exceptional extension (max 30 days, with explicit substantiation)

6. Termination rules, very different per party

For the tenant this is simple: one month notice, at any time, without reason (article 7:271 paragraph 5 sub a BW). In writing, by registered mail or email with read receipt.

For the landlord it is stricter. With indefinite term, the landlord can only terminate on one of the legal grounds in article 7:274 BW:

• Bad tenancy
• Urgent personal use
• Reasonable offer of new agreement
• Urban renewal or zoning plan
• For liberalised rent: end of term after a reasonable offer

Notice period for landlord: at least 3 months, plus 1 month per full year the tenant has lived there, capped at 6 months.

For a temporary contract, the rental ends automatically on the end date, provided the landlord notifies in time (at most 3 months, at least 1 month before end date). On late notification, the contract is automatically extended for indefinite term.

7. Maintenance and minor repairs

What the tenant must do, what the landlord, and who fetches the painter: these are the most common arguments. The law makes it simple:

• Small daily maintenance is for the tenant (tap washers, unblocking drains, replacing lamps). Set out in the Decree on minor repairs.
• Major maintenance and defects are for the landlord (broken boiler, leaky roof, windows that no longer close).
• Damage by tenant or visitor is for the tenant.
• Changes to the home (drilling, painting, wallpapering) only with written landlord consent.

In the contract: refer to the Decree on minor repairs, then you avoid debates about what "minor" means.

8. Annual rent increase

For 2026 the legal maxima are:

• Regulated independent housing (≤ 186 WWS points): inflation + 1%, with income-dependent increase possible at higher incomes
• Liberalised independent housing (> 186 points): at most 4.1% (= rent price index)
• Dependent housing: at most 6.1%

Landlord informs tenant at most two months before the effective date. An increase above the legal maximum is void for the excess: tenant can have it tested by the Huurcommissie.

9. Signatures and attachments

The contract is only valid after signing by both parties. Options:

• Two paper originals with wet signature and date, one for each party
• Digital signature via DocuSign, SignRequest or Adobe Sign, fully legally valid in the Netherlands under the eIDAS regulation
• Qualified electronic signature (QES) for maximum legal certainty (equivalent to a wet signature)

Standard attachments to bind:

• Move-in and move-out checklist with photos
• Copy of tenant ID (BSN redacted per GDPR)
• Inventory list (for furnished rentals)
• House rules (for rentals in an apartment complex or lodger situation)

And now?

You know what must be in it. Two options to proceed:

1. Write the contract yourself with this checklist as the basis. Good approach if you want a specific clause that is not standard.
2. Use our rental contract template generator, fill in the fields, get a PDF with all 15 articles in the right place, including references to the relevant law articles.

For lodger rentals (you live in the home yourself, room rented to someone else) different rules apply: use our special lodger contract template with the 9-month trial period clause.

For doubt cases or unusual situations: have the contract checked by Juridisch Loket (free at low income) or Woonbond (membership ~€36/year, gives access to legal help and model contracts).

For a wider overview of tenant rights in Amsterdam, see our complete guide to tenant rights.

Frequently asked questions

Can I still close a temporary rental contract in 2026?

Only if you fall in one of the five legal exception groups: student, temporary worker, returning expat, awaiting demolition or renovation, or family or friend. Outside these grounds, a temporary contract automatically converts to indefinite term.

What is the difference between huurcontract and huurovereenkomst?

Nothing. "Huurovereenkomst" is the formal legal term, "huurcontract" is the everyday-speech variant. Both refer to the same document.

Can I raise service costs during the contract?

Service costs are an advance: if actual costs rise, the landlord may adjust the advance, but must reconcile transparently each year. A unilateral raise without reconciliation can be challenged at the Huurcommissie.

How much does a good rental contract cost?

Nothing, if you use a free template like the one from Woonbond or our generator. A custom contract drafted by a lawyer costs €150-€500, only needed for unusual arrangements (e.g. rental with purchase option, business space combined with housing, international parties).

What if the tenant refuses to sign?

No signature = no contract. Verbal agreements are legally also a rental agreement (article 7:201 BW), but without written evidence you can prove almost nothing. Always sign before the tenant takes occupancy.