Tenant rights Amsterdam: complete guide for renters 2026

Dutch rental law feels like a legal jungle to most renters. Statutory frameworks, exceptions on top of exceptions, and landlords who get conveniently vague about what is and is not allowed. We see it every week on the Huismaatje app: a temporary contract that is legally permanent, a deposit that is too high, service costs that are never accounted for.

This guide is for you as a renter in Amsterdam. We walk through every right, with references to the relevant articles of Dutch law and links to our deeper articles per topic. No legal jargon where it is not needed, but concrete steps you can take today.

What kind of rental contract do you actually have?

Before you can do anything with your rights, you need to know which type of contract you have. That determines which rules apply.

Since 1 July 2024, a permanent rental contract (indefinite duration) is the legal default. A landlord may no longer simply offer you a temporary contract. If you receive a temporary contract without falling into one of the five legal exception groups (student in student housing, temporary worker, returning expat, demolition or renovation, or family or friend), the contract automatically converts to a permanent one. You then have full tenant protection, regardless of what is on paper.

There is also the difference between independent and dependent living space. Independent means: your own front door, kitchen and bathroom. Dependent is a room in a shared house. The points system rules and the maximum rent increase percentages differ between the two.

Not sure which contract you have? Read our deeper explanation of temporary versus permanent rental contracts, which lists every exception.

Right 1: a fair rent

This is probably your most important financial right. In the Netherlands, a landlord cannot ask whatever they want. For most rentals, a legal maximum applies, based on the woningwaarderingsstelsel (WWS, in everyday speech the points system).

How it works: every living space gets points based on floor area, facilities, energy label and outdoor space. Added together, the total determines the maximum rent. If your home sits at or below 186 points (independent) or within the WWS range for dependent rooms, your rent is regulated. Since the Wet betaalbare huur (1 July 2024), that boundary has been raised significantly: about 60% of all rental homes in Amsterdam now fall under regulated rental law.

You have six months from the start of your contract to have the rent tested by the Huurcommissie. If your rent is too high, it is reduced and you get the difference back, including for the earlier months.

A practical step plan to check your rent:

1. Count the points of your home using the Huurcommissie online points checker
2. Compare with the maximum rent associated with that point count
3. Is your actual rent above that? Start a procedure with the Huurcommissie

For lodger rooms in Amsterdam, a separate calculation applies. We built a fair rent calculator for lodger rooms that handles this specifically.

A deeper explanation of the points system and how to calculate your own maximum rent is in our article on the points system and maximum rent.

Right 2: a deposit capped at two months base rent

Until 2024, some landlords asked for three or even four months deposit. Since the Wet betaalbare huur (article 7:261b BW), that is illegal. The deposit is legally capped at two months base rent. Not base rent plus service costs, only the base rent.

Did you pay more? That part is void and you can reclaim it, even afterwards, even after the contract has ended.

At the end of the rental period, a statutory return period applies: within 14 days after handover, minus any damage that is documented and itemised in writing. The landlord cannot simply withhold 30% "just in case" without proof. They must demonstrate the damage with photos or an invoice.

What is normal use and what counts as damage? A few common examples:

• Nail holes: normal use, cannot be deducted
• Yellowed walls after long-term occupancy: normal use
• Broken floor from a moved chair: damage that can be deducted
• Sticker residue on cabinets: debatable, depends on duration and check-in report

Having trouble getting your deposit back? Our step-by-step explanation on reclaiming your deposit, tips and rights walks through the entire process, including what to do if the landlord does not respond.

Right 3: protection against unjust eviction

A permanent rental contract means you can stay as long as you want, provided you pay rent and keep to the agreement. Your landlord cannot just send you away. They need a legal ground and must observe the correct notice period.

The legal grounds for landlord termination are limited (article 7:274 BW):

• Bad tenancy: structural non-payment or severe nuisance that does not stop after warnings
• Urgent personal use: the landlord wants to live in the home and demonstrably needs it
• Reasonable offer for new agreement: rare, applies to fundamental changes of the agreement
• Urban renewal: the municipality restructures or the building is being demolished for major renovation
• Liberalised sector: after a reasonable offer at the end of term, only under strict conditions

"Rent could go up if you leave" or "I prefer a different tenant" are not valid grounds. You do not have to accept a termination based on those.

Notice period for the landlord is at least three months, increasing by one month per full year you have lived in the home, capped at six months.

For you as a tenant, terminating is much simpler: one calendar month notice, at any time, without reason. In writing, preferably by registered mail or email with read receipt. Our guide on terminating a rental contract walks through the entire procedure, including what to do if the landlord does not respond.

Right 4: a justified rent increase

A landlord cannot simply raise your rent. For 2026, the legal maxima are:

Type of housing	Maximum annual increase
Regulated independent (≤ 186 points)	Inflation + 1%, with income-dependent increase possible
Liberalised independent (> 186 points)	4.1% (rent price index)
Dependent (rooms)	6.1%

A higher increase is void for the excess. Concretely: your landlord announces 10% while the maximum is 4.1%? You only have to pay 4.1%. The difference can be tested by the Huurcommissie.

The landlord must announce the increase in writing, at least two months before the effective date. If the announcement is too late, the tenant can object and the increase is often nullified.

Specifically for 2026, we summarised the figures in rent increase 2026: what your landlord can ask, with a calculation example per contract type.

Right 5: separated service costs and annual reconciliation

Service costs are legally something quite different from rent. They are an advance payment, not a fixed price. The landlord must reconcile annually based on actual consumption and show that reconciliation transparently to you.

Many tenants do not know this. And many landlords have therefore been charging too much in service costs for years without ever reconciling. That money can in principle be reclaimed.

In a correct contract, base rent and service costs are strictly separated. Service costs cover items like gas, water, electricity, internet, cleaning of communal spaces and use of furnishings. Not the living space itself.

Is the amount on your bank statement off and have you not received an annual reconciliation? Ask for it in writing. If the landlord does not respond within a reasonable period (six weeks is a fair limit), call in the Huurcommissie. Our deeper explanation on service costs in a rental: what landlords can charge goes into detail per cost item.

Right 6: major maintenance stays with the landlord

Roof leak, broken boiler, faulty electrical sockets? Major maintenance is always the landlord's responsibility. A clause in your contract that places this duty on you is not legally enforceable (mandatory law, article 7:206 BW).

What counts as major maintenance:

• Leaks (roof, pipes, sewerage)
• Faulty heating systems (boiler, radiators)
• Electrical installation issues (fuse box, faulty wiring)
• Mould due to structural problems (damp from poor insulation)
• Defective windows or doors due to wear and tear

What is your responsibility (small daily maintenance, set out in the Decree on minor repairs):

• Replacing lamps
• Unblocking drains
• Replacing tap washers
• Small interior touch-up painting

Is your landlord not responding to a major maintenance request? The steps are: set a reasonable deadline in writing (4 weeks for non-urgent, short for urgent matters). Then send a notice of default, then escalate to the Huurcommissie or in emergencies a summary court procedure.

Right 7: rent benefit if your income is low

For people in regulated rental housing with a low income, the government offers rent benefit (huurtoeslag). For 2026, the main conditions are:

• Independent housing (rooms in a shared house generally do not qualify, except for special living arrangements)
• Rent below the liberalisation limit (about €902 base rent in 2026)
• Income below the upper limit (varies by household size)
• Assets below the limit (in 2026 €36,952 for singles, higher for partners)

You apply for rent benefit through the Belastingdienst. The application can be backdated to the start of the calendar year. We made an extensive guide on applying for huurtoeslag, conditions and steps that shows per situation if you qualify.

Important to know: if you are a student in a dependent room (shared house), rent benefit is almost never available. Sometimes there is a municipal scheme, this varies by city.

Right 8: privacy in your home

Your landlord cannot simply enter your home. Not "to check something" or for a viewing with a new tenant. Permission in advance is required, except in emergencies (a leak that is harming the downstairs neighbour, fire).

A reasonable request from the landlord to enter for maintenance or inspection cannot simply be refused, but it must be at a time that suits you. This follows from article 7:223 BW: the tenant is required to cooperate with urgent necessary maintenance.

For landlords who are also the homeowner-occupier (lodger setups), slightly different rules apply: a lodger has somewhat more access as a co-resident than an external landlord. Read more in our guide on lodger rights and duties.

When do you call in the Huurcommissie?

The Huurcommissie is your first legal escalation channel for most rental disputes. They assess:

• Excessive starting rent (within 6 months of contract start)
• Excessive service costs or missing reconciliation
• Maintenance defects and consequences for the rent
• Unjustified rent increases
• Rent reduction due to defects

A Huurcommissie procedure costs about €25 for the tenant and takes three to six months. If you win, the landlord generally also pays the procedural fee of the Huurcommissie itself.

For some disputes (social housing, liberalised sector above 186 points in certain categories), the regular court is competent. That costs more, often requires a lawyer, and takes longer. Always start with the Huurcommissie where possible.

Still not getting the right help? The Juridisch Loket is free for people with low income, and !WOON Amsterdam offers free rental-law walk-in hours in the city.

Specific situations: lodger, sublet, social housing

Lodger setups are a separate category. A lodger landlord lives in the home themselves and rents out a room. The first 9 months are a trial period during which the lodger landlord can terminate with 3 months notice. After 9 months you receive full tenant protection as a tenant, and all standard rules in this article apply again.

Sublet is when you rent from someone who is themselves the main tenant. The risks here are different: if the main tenant loses their contract, you can also lose your room. Sublet usually requires permission from the building owner. Without that permission, you stand legally weaker.

Social housing (DUWO, Lieven de Key, Eigen Haard, and other housing corporations) has additional rights and obligations. You often have better protection, but also campus contracts and specific arrangements. Always ask your housing corporation for a specific explanation of your situation.

Practical: what do you do today?

You now have the overview. Three things you can do today:

1. Check your rent. Count your points and see if your rent is not too high. If you are within 6 months of contract start: act fast, otherwise the testing right expires.

2. Check your deposit. Did you pay more than two months base rent as deposit? Reclaim the excess, even retroactively.

3. Save evidence. Photos, emails, payment records, handover reports. What you save now is your best insurance later.

Looking for a new room in Amsterdam with a transparent landlord? Create a free Huismaatje profile and search rooms from verified landlords, or check our pillar guide on renting a room in Amsterdam with all steps in one place.

Frequently asked questions

My landlord gave me a temporary contract without a valid reason. What do I do?

Since 1 July 2024, such a contract automatically converts to a permanent contract. Practically: do not sign without first asking for the legal ground. If the landlord cannot point to one of the five statutory exceptions (student, temporary worker, returning expat, demolition or renovation, family or friend), it is in fact a permanent contract. If you later receive an eviction request, refuse it and contact Juridisch Loket or !WOON Amsterdam.

How long does it take to get money back via the Huurcommissie?

An average procedure takes 3 to 6 months from filing to ruling. If you win on excessive rent or deposit, the landlord must repay it, often with interest. The ruling is binding, but if the landlord does not pay, you must go to civil court for actual collection. In practice, that is rare: most landlords pay after a Huurcommissie ruling.

My landlord refuses to do major maintenance. Can I withhold rent?

Not unilaterally. Self-help rent withholding is risky and can lead to contract dissolution on your side. The correct route is: written request with a reasonable deadline, then notice of default, then to the Huurcommissie for a ruling on rent reduction due to defects. Only after such a ruling can you legally pay less. In urgent situations (broken water main, no heating in winter), a summary court procedure is a faster route.

Can I lose my rights if I wait too long?

For some rights, yes. The starting-rent test must be initiated within 6 months of contract start, after which you lose that specific right. For other matters (excessive deposit, unaccounted service costs, structural maintenance issues) you generally have longer. But waiting is always disadvantageous: evidence fades, landlords remember things differently, witnesses disappear. Start a procedure as soon as you notice a problem.

What do I do if my landlord intimidates me or applies pressure?

No more verbal communication, everything in writing. Send a confirmation email after every conversation summarising what was agreed, that gives you evidence later. In case of intimidation or threats: file a police report and contact !WOON Amsterdam or the Juridisch Loket. A landlord who pressures you to sign something or to leave often does so because they know they have no legal leg to stand on, that is an important signal to push through.