Dutch rental contract checklist: check this before you sign

You found a room, the viewing went well, and you can move in. But before you sign, there is one step many people skip: reading the rental contract properly.

Yes, it is boring. Yes, it is legal language. But it can save you a lot of money and stress. Here is what to check.

The basics: what belongs in every Dutch rental contract?

A good contract contains at minimum:

Parties. Names and addresses of the landlord and the tenant. Verify that the landlord is the actual owner or a legally authorised party. If you are subletting, there must be written permission from the head landlord.

The rented property. A description of what you are renting: the address, the room (including number or floor), and whether shared spaces (kitchen, bathroom, garden) are included.

The rent. Basic rent (kale huur), service charges (servicekosten), and what falls under service charges (gas, water, electricity, internet, cleaning of common areas). Always ask for an itemised breakdown.

Start date and contract type. When does the rental begin? Is it indefinite (vast contract) or temporary (tijdelijk contract)? Temporary contracts are only allowed in specific situations, see the section below.

Notice period. For tenants who pay rent monthly, the legal notice period is one month. For landlords it is usually 3 to 6 months.

Deposit. Maximum two months of basic rent under Dutch law.

Red flags in Dutch rental contracts

Some clauses you should refuse to sign or negotiate:

A deposit higher than two months. Since the Good Landlord Act (Wet goed verhuurderschap), deposits above 2x basic rent are not allowed for new contracts. If the landlord asks for 3 months, that is a red flag.

Service charges not itemised. A fixed amount for "service charges" without specifying what is covered is a red flag. The landlord must settle the service charges every year based on actual costs.

A notice period longer than one month for the tenant. A "notice period of 3 months" for you as a tenant is a red flag: if you pay rent monthly, the legal notice period for tenants is one month.

Forbidding BRP registration. This is suspicious. Most landlords have nothing against BRP registration. If they explicitly forbid it, the landlord may not be paying tax on the rental income, or the property is illegally rented. Without BRP registration you can run into problems with your BSN, allowances, post and other official matters.

A penalty clause for early termination. Sometimes legal in commercial rentals, often disputable in residential rentals. Have a lawyer or Het Juridisch Loket review it.

No itemised inventory list. If the room is rented furnished, a complete list of contents must be attached, with the condition of each item. Without it, getting your deposit back becomes much harder.

Permanent or temporary, what is the difference?

In the Netherlands rental contracts come in roughly two types:

Indefinite contract (vast contract). Strongest tenant protection. The landlord can only end the contract on specific legal grounds (urgent personal use, serious tenant breach, etc.). For tenants this is the gold standard.

Temporary contract (tijdelijk contract). A contract for a fixed period that ends at the end date, provided the landlord notifies you on time.

Important: since 1 July 2024, temporary contracts are only allowed in a limited number of situations set by law, for example for certain groups such as students. If none of those situations applies, a temporary contract is treated as a permanent one. Our article on temporary versus permanent rental contracts explains how to tell which one you have.

A hospita contract (where you rent a room from someone living in the same house) has special rules: the landlord can end the contract more easily during the first 9 months.

Service charges: what may the landlord charge?

Service charges (servicekosten) cover non-rent costs. The landlord may only charge actual costs, not a profit margin. Common service charges:

Gas, water, electricity (if included)
Internet
Cleaning of common areas
Furnishing rental (if furnished)
Glass insurance
Garden maintenance

Each year the landlord must provide an itemised statement showing actual costs versus charged advance. If you paid too much, you get a refund. If too little, you pay extra.

Pay particular attention to furnishing rental. Landlords may charge for furniture as a service cost, but only a reasonable amount. If the amount seems high, ask how it was calculated.

If the landlord is charging unusually high service charges, you can take the case to the Huurcommissie (Rent Tribunal), the same authority that handles rent disputes.

What if the contract violates the law?

The good news: under Dutch law, many clauses that go against tenant protection are void. So if your contract asks for a deposit of 3 months rent while the legal max is 2 months, you can dispute it. Practical steps:

Sign the contract anyway, you need somewhere to live.
Note the dispute, write a separate email to the landlord stating "I sign under the condition that the illegal clause about the deposit is invalid by law".
Pay the legal amount, pay 2 months deposit, not 3.
If conflict arises, go to the Huurcommissie or Het Juridisch Loket.

A Huurcommissie procedure costs tenants only a small fee, and its decisions are binding unless a party goes to court. A procedure usually takes several months.

What about a hospita rental?

Hospita rentals, where you rent from someone who lives in the same house, have specific rules:

During the first 9 months you have limited rent protection, so the landlord can end the contract more easily.
After 9 months, ending the tenancy becomes harder for the landlord.
The rent is still capped by the points system for rooms, and the deposit cap of two months applies too.

A hospita contract should also be in writing and meet the basic requirements above. Our explainer on hospita regulation in the Netherlands covers the details.

Pre-signing checklist

Run through this list before you sign:

Names and addresses of both parties correct
Property accurately described
Basic rent and service charges itemised separately
Service charges have an itemised breakdown
Notice period for tenant is max 1 month
Deposit is max 2 months basic rent
Contract type clear (indefinite or fixed-term)
BRP registration explicitly allowed
Inventory list attached if furnished
Condition of room documented (with photos)
Start date confirmed
Both parties sign the same date

If something does not match, raise it with the landlord before signing. Most reasonable landlords will adjust without issue.

A rental contract is the foundation of your tenancy. Take the 30 minutes to read it carefully, and refuse to sign if something is clearly illegal. For a broader overview of your rights, from maximum rent to deposit and notice, read our complete guide to tenant rights in Amsterdam. Still looking for a room? On Huismaatje you contact hospitas and other landlords directly and for free; see how it works.

Frequently asked questions

Is a verbal rental contract legal in the Netherlands?

Yes, verbal contracts are legally valid in the Netherlands. But they are very hard to prove in disputes. Always demand a written contract, any reasonable landlord will agree.

What if the landlord refuses to give an inventory list?

Make one yourself. Take photos of every room and item, document the condition (damage, wear), and email the list to the landlord saying "this is the inventory list per the start of the rental, please respond if you disagree". If the landlord does not respond, you have at least documented the condition at the start, which strengthens your position later.

Can the landlord raise the rent every year?

Yes, but limits apply. The government sets a maximum increase every year, with different maximums for regulated rents (including rooms) and the free sector. For free-sector homes, the contract usually contains an indexation clause. Check the current maximum before you agree to an increase.

What if I want to leave earlier than agreed?

For an indefinite contract you have a 1-month notice if you pay rent monthly. For a temporary contract, whether and how you can leave early depends on the type of contract, so check it before signing and ask the Juridisch Loket if in doubt.

Is a hospita contract different from a normal rental?

Slightly. During the first 9 months the landlord can end the contract more easily. After that, ending the tenancy becomes harder for the landlord, but your protection is not exactly the same as in a regular tenancy. Rules on maximum rent, deposit and service charges apply in the same way.

Where can I get free legal advice on a rental contract?

Het Juridisch Loket offers free legal advice (juridischloket.nl). The Huurcommissie handles disputes with landlords. A consultation with a tenancy lawyer typically costs €100-€200, sometimes worth it for complex contracts.