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Hospita rental contract: what to include (free 2026 template)

Full explanation of the 2026 hospita rental contract: required clauses, the 9-month trial period under art. 7:232 BW, notice period, deposit, house rules and the Woonbond model contract.

4 April 202611 min readHuismaatje Editorial
Hospita rental contract: what to include (free 2026 template)

Signing a hospita rental contract between landlord and tenant

A hospita rental contract is not a formality. It is the document that determines how you and your tenant live together, what happens when things go wrong and how you can part ways properly. A poor contract leaves room for misunderstandings; a good contract makes arguments unnecessary.

In this article we explain what is mandatory to include, which clauses you should check, how the Affordable Rent Act of 2024 has affected hospita contracts, and why we advise using the Woonbond model contract instead of your own template. By the end you'll have enough knowledge to assess a contract that a tenant or intermediary presents to you on critical points.

A note on terminology: "hospita" is a Dutch term for a homeowner who rents out a room in their own home while continuing to live there. The contract type discussed in this article applies specifically to that situation under the Dutch Civil Code.

Do you need a written contract for a hospita room?

Legally, a verbal agreement between landlord and tenant is already a valid tenancy. But without anything on paper you are at the mercy of memories and witness statements in case of a dispute. That is not a position you want to be in if there is a row over damage, termination or rent.

A written contract has three functions:

  1. Proof of agreements, what exactly is the rent, when does it start, what is the notice period?
  2. Protection of the hospita, without explicit reference to Article 7:232 paragraph 3 of the Civil Code, you cannot enforce the 9-month trial period. Your tenant would then have full rent protection from day one.
  3. Protection of the tenant, clarity on rights, notice period, deposit and house rules prevents arbitrary termination or deposit withholding.

For both: a contract is not distrust, it is professional. Every serious hospita works in writing. Every serious tenant asks for it.

What must a hospita rental contract contain at a minimum?

Below are the ten components that belong in every hospita rental contract. If even one is missing, your contract is incomplete and legally weaker than it should be.

1. Contact details of both parties

Full name, address and date of birth of both landlord and tenant. For the tenant also a copy of the ID document (BSN, the Dutch citizen service number, masked under the GDPR; only the first digits and the passport photo are relevant). This is your proof that you know who is living with you and the basis for BRP registration.

2. Description of the room and the home

Which room is being rented (for example: "the bedroom at the rear, first floor, approximately 14 m²"), which common areas the tenant may use (kitchen, bathroom, living room, garden), and which spaces remain exclusive to the hospita. The more specific, the less room for discussion.

3. Rent and additional costs

Split this up:

  • Bare rent (only the rent for use of the room)
  • Additional costs for utilities, water, internet
  • Service costs for cleaning common areas, insurance, etc.

Make clear whether amounts are all-in or whether there will be a final settlement. Many hospitas rent all-in to avoid hassle over annual settlement of utilities, that is practical, but make sure your all-in amount covers the actual costs.

Also consider whether the rent will be indexed annually. For non-self-contained rental, the annual rent increase is limited. In 2025 the rent could be raised by a maximum of 7.7%, in 2026 the rules are slightly different. Read our article on rent increase 2026 for current percentages.

4. Start date and duration

The start date is clear. The duration is slightly more subtle. You usually conclude the contract for an indefinite period, that is the standard for hospita rental. A fixed-term contract is also possible (for example six months), but be careful: the hospita clause (Article 7:232 paragraph 3 of the Civil Code) applies for the first 9 months anyway, including with fixed-term contracts. Making double agreements creates confusion.

5. Hospita clause: Article 7:232 paragraph 3 of the Civil Code

This is the most important article of the contract. Literally the text:

Without this explicit clause your position as hospita is weak. A judge could rule that the trial period was not agreed and that your tenant enjoys full rent protection from day one. From that moment you can only terminate on a statutory ground, which is very limited and labour-intensive.

6. Notice period

One month for both. That is the statutory term for the trial period, but it is wise to also include it literally in the contract. Specify how to give notice: by registered letter or by email with confirmation of receipt.

7. Deposit

A deposit is common in the Netherlands. The amount is usually equal to one to a maximum of two months of bare rent, since the Good Landlordship Act of 2023 a deposit of more than two months is no longer permitted. Establish:

  • How much deposit
  • When you pay it (usually upon signing or before the start date)
  • Under what conditions you get it back
  • Within what period after the end of the rental (statutory: 14 days after the end, or 30 days if there is still a final settlement of additional costs)

Read our article on getting your deposit back for details on what the hospita may and may not withhold.

8. Initial condition of the home and intake form

An annex describing the condition of the room on the start date: photos of every wall, the ceiling, the floor, any damage ("scratch on the frame above the window"), opening readings of gas, water and electricity meters. Both parties sign this annex. At the end of the rental you compare this state with the final state.

Without an intake form, in case of damage it is hard to prove what was already there at move-in. With a form and photos you have the proof in five minutes.

9. House rules (annex)

Not strictly a legal component, but a mandatory annex. This contains the practical agreements:

  • Visitor arrangements
  • Noise agreements (for example after 22:00 no longer in the living room)
  • Cleaning rota
  • Energy use (shower times, heating off when the last person leaves)
  • Groceries and shared items
  • Use of kitchen, fridge, freezer

Our hospita house rules guide has a template you can use directly. A good rules document is two to three A4 pages, not longer.

10. Signing and date

Both parties sign, with date. Make two originals, one for you, one for the tenant. If you draft the contract digitally, a scanned signature can suffice legally, but physical signing is safer. Keep a digital copy for your own records.

Can you add extra clauses to a hospita rental contract?

Yes, provided they are not in conflict with mandatory law. For example: you may include a no-pets clause, a no-smoking-indoors policy, or an agreement that the tenant does not change furniture without consultation. Those are reasonable clauses.

What you may not include:

  • Clauses that exclude the statutory rent protection after 9 months, that is mandatory law.
  • A notice period longer than statutorily permitted for the tenant (one month).
  • A deposit higher than two months of bare rent.
  • An obligation for the tenant to pay your property tax.
  • Penalties that are disproportionate to any damage.

Doubtful about a clause? Ask the Woonbond (telephone advice for a small fee) or Het Juridisch Loket (free for lower incomes). An invalid clause can weaken your entire contract.

How has the 2024 Affordable Rent Act changed the hospita contract?

The Affordable Rent Act came into force on 1 July 2024. For self-contained homes the act has the most impact, but there are also consequences for non-self-contained (room) rental.

The key changes for hospitas:

The points system has become mandatory

For the lowest segment (social housing) the Housing Valuation System was already mandatory. Since 1 July 2024 it also applies to the middle segment of self-contained homes up to 186 points / approximately €1,184 per month. For non-self-contained rental (rooms) the points system already applied, and it has been strengthened.

Concretely: if you charge more than the maximum points-based rent, your tenant can in the first six months of the contract call in the Rent Tribunal (Huurcommissie) to have the price reduced, with retroactive effect. Read our articles on fair rent for a hospita room and the Affordable Rent Act for details.

Increased transparency

The contract must clearly state which points have been assigned to the home and what the corresponding maximum rent is. Some landlords omit this; the Rent Tribunal has been enforcing this more strictly since 2024.

Limit on additional costs

Service costs that you include in the contract may not be higher than the actual costs plus a reasonable administrative surcharge (5%). If you ask a fixed amount of €100 per month for "cleaning and internet", while you actually pay €40? Then your tenant can request a reduction at the Rent Tribunal.

Fines for non-compliant contracts

Since 2024 municipalities can impose fines on landlords who do not comply with the act, up to €22,500 per violation. For a hospita with one tenant this is theoretical, but for landlords with multiple properties a serious risk.

For a hospita this means: make sure your contract is up-to-date, that your points-system calculation is correct and that your service costs are reasonable.

Why do we recommend the Woonbond model contract?

We would have liked to offer a free Huismaatje template here. We deliberately do not. Here is why.

Drafting a tenancy contract that is legally watertight is a profession. Statutory changes (such as the Affordable Rent Act in 2024 and the Good Landlordship Act in 2023) make model contracts quickly outdated. A template from a blog platform can be obsolete within a year, and then you sit with a contract that a judge may not enforce.

The Woonbond is the Dutch association for tenants and landlords. Their model contract is:

  • Free to download
  • Legally up-to-date (annually updated)
  • Specifically written for various rental forms (including hospita rental)
  • Validated by hundreds of thousands of users

Find it on woonbond.nl under "modelcontracten" and search for "hospitaverhuur" or "huurcontract onzelfstandige woonruimte". Print it, fill in the blank fields, add your house rules as an annex and you have a professional contract that withstands criticism.

Our page on the hospita contract links you directly to the right Woonbond page and helps you understand each article. We deliberately chose not to offer our own template, compliance trumps convenience.

What do you do if your tenant refuses to sign?

A tenant who refuses to sign a contract is a red flag. Possible reasons:

  • He still has uncertainty himself (logical; give him 24 hours to think).
  • He wants to rent under the table to avoid tax (don't do it, within the exemption it makes no difference for you, and your records weaken).
  • He is a transient tenant who later wants to renegotiate on points (risky for you).
  • He doesn't understand the contract (give explanation or refer to Het Juridisch Loket).

Our rule: no contract, no keys. Signing is the moment when the agreements are pinned down. Before that everything is open. A good tenant understands that a contract protects both parties and will sign, possibly with adjustments after negotiation.

Have doubts about a specific tenant? Don't give them the room. It costs you two extra weeks of searching, but may save you nine months of trouble.

Frequently asked questions

May I sign a hospita rental contract digitally?

Yes, a digital signature has been legally valid in the Netherlands since the eIDAS Regulation of 2014. But for a tenancy contract, a document with legal consequences for both parties, we advise a physical signature or a qualified electronic signature (via DigiD or a service like Validsign). A scanned pen-and-paper signature is also common and works fine for most hospita relationships.

Can I add clauses to the contract later?

Only with the consent of both parties, recorded in writing in an addendum. An addendum is a supplement to the original contract, signed by both parties, with date. Unilateral additions after signing are not binding.

What if my tenant asks for a new contract after 9 months?

That isn't necessary. The contract automatically continues as a regular tenancy with full rent protection. A new contract is only needed if you want to change conditions (for example, raise the rent). Without changes, the original contract continues to apply.

Is a hospita contract transferable if I sell the home?

The contract does not automatically end on sale, but you cannot transfer hospita status to a new owner, they don't (yet) live in the home themselves. The new owner must either move in themselves (in which case the hospita relationship can continue) or terminate the contract on a statutory ground. Discuss this with the buyer in advance during the sale.

What if my tenant claims he never received a contract?

Always keep a signed copy for yourself and send the tenant a digital copy by email (with delivery proof). In disputes, "I didn't get a contract" is a common excuse that is refuted by simple proof. At signing, ask for an initial on every page, not just the last, then nobody can later claim a page was added.

List your hospita room calmly on Huismaatje

Looking to rent out your room as a hospita without Kamernet pricing or aggressive invitations? On Huismaatje you list your room for free, plan a viewing night with time slots and pick your housemate at your own pace. List your room →

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