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 to mid-rent homes.

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 guide to the hospita rules in the Netherlands).

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. A temporary contract is only allowed in a limited number of situations set out in law, for example for certain target groups such as students.

The exact conditions are set out in law, so check whether your situation really qualifies before you sign a temporary contract. More on the difference in our guide to temporary vs permanent rental contracts.

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 deposit may be at most two months base rent. A higher deposit is not allowed: 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

The government sets the maximum annual rent increase each year, with separate maximums for:

• Regulated independent housing (up to 186 WWS points): social and mid-rent homes
• Liberalised independent housing (187 points or more)
• Dependent housing (rooms): rooms always fall under the regulated rent rules

Check the current percentages on the Rijksoverheid website before you send a rent increase proposal, and state in the contract how and when the rent can be increased. The landlord must inform the tenant in time 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

Have both parties sign the contract: it is your proof of what was agreed. 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)

Using a rental contract template or PDF

Searching for "rental contract PDF Netherlands" is tempting when you want to rent out a room tomorrow. But many templates online are outdated: they predate the rules of 1 July 2024, or contain clauses that do not hold up. An invalid clause does not void the whole contract; the law fills in the gap, often differently than the landlord expected.

First check which type of contract fits your situation:

• Lodger (hospita) arrangement: you rent out a room in the home where you live yourself. During the first nine months the tenant has limited rent protection; after that, ending the tenancy becomes much harder. This needs its own template.
• Room (dependent housing): you rent out a room in a building where you do not live yourself. Rooms always fall under the rent rules, and the points system determines the maximum rent.
• Independent housing: a complete home with its own front door, kitchen and bathroom. Up to 143 points it is social rent, from 144 to 186 points mid-rent, and from 187 points the rent is liberalised.

Then check the template against the nine elements above, and add what templates often leave out: the payment date and payment method (IBAN), a list of furniture and appliances rented with the room, and house rules as a separate annex. Practical matters such as guests, cleaning and shared costs belong in house rules, not in the legal text. Avoid random PDFs from sites you do not know, and have unusual arrangements checked before signing.

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 free rental contract generator (in Dutch, linked at the top of this guide): fill in the fields and 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 a special lodger contract with the 9-month clause (see the hospita rules guide linked above).

For doubt cases or unusual situations: have the contract checked by Juridisch Loket (free at low income) or Woonbond (membership 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 in specific situations set out in law, for example for certain target groups such as students. Outside those situations, a temporary contract is treated as a contract for an indefinite term. If you are unsure, check the rules on the government website or ask the Juridisch Loket.

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?

Then you have very little proof. 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.

Can I just download a rental contract PDF?

You can, but check it first. Many free PDFs online predate the rules of 1 July 2024 or contain clauses that do not hold up. Compare any template with the nine elements in this guide, and use a separate template for a lodger arrangement.

Can I write a rental contract myself in Word?

Yes. A self-typed contract can be just as valid as a professional template, provided all the essential elements are in it. Clauses that put the tenant in a worse position than the law allows do not hold up: the tenant can always rely on statutory protection.