Rental contract check: what to look for

Signing a rental contract in the Netherlands is exciting, but it remains a legally binding document. One unfavourable clause can cause problems for years. Below you will find exactly which parts to check before signing — with references to the relevant Dutch legislation.

Contract type: fixed-term or indefinite?

Since 1 July 2024, the Wet vaste huurcontracten (Permanent Rental Contracts Act) is in force. This means an indefinite contract is now the standard. The landlord can only terminate such a contract through the courts with a legally valid reason (art. 7:274 BW).

Fixed-term contracts are now only permitted for specific exception groups: students, tenants who need temporary housing due to urgency, and a few other categories defined by law. If you do not fall under one of these exceptions and are offered a temporary contract, that is likely not lawful (source: rijksoverheid.nl).

If you do receive a fixed-term contract under one of the legal exceptions, make sure the landlord notifies you in writing between 1 and 3 months before the end date. If they fail to do so, the contract automatically converts to an indefinite one.

Rent price and service costs

Check the basic rent (kale huur) and any service costs. The basic rent is the amount for using the property itself. On top of that, you may be charged for gas, water, electricity, internet, or shared spaces. Always request a detailed breakdown — the landlord is legally required to specify them. A vague “all-in” amount without explanation is a red flag.

Also check whether the contract includes an annual rent increase clause. The maximum rent increase in the private sector is legally capped at the lowest of: inflation or collective wage growth + 1 percentage point. For 2026, this works out to a maximum of 4.4% (source: rijksoverheid.nl). If the contract states a higher increase, that clause is not enforceable above the legal maximum.

Deposit: how much and when do you get it back?

Most landlords require a deposit. Under the Wet goed verhuurderschap (Good Landlord Act, in force since 1 July 2023), the deposit for new contracts is capped at a maximum of two months’ basic rent (source: rijksoverheid.nl). Pay attention to:

  • Is the landlord asking for more than two months? For new contracts, that is not allowed.
  • After the tenancy ends, the landlord must return the deposit within 14 days. If deductions are made for damage, the deadline is 30 days with a written specification.
  • Deductions are only allowed for demonstrable damage beyond normal wear and tear.
  • Always take photos and make an inventory report at the start of the tenancy. This prevents disputes when you leave.

Maintenance and repairs

Dutch law is fairly clear here: major maintenance (roof, exterior painting, boiler replacement, plumbing) is the landlord’s responsibility. Minor daily maintenance (replacing light bulbs, small tap repairs, door handles) is the tenant’s responsibility. The Besluit kleine herstellingen (art. 7:217 BW) defines exactly what counts as “minor maintenance.”

Some contracts try to shift more maintenance to the tenant than legally allowed. Such clauses are void — the law always overrides the contract. For serious defects (leaks, broken heating in winter, mould), the landlord is obligated to act promptly. If they do not, you can go to the Huurcommissie (Rent Tribunal) to request a temporary rent reduction.

Notice period and termination

As a tenant with an indefinite contract, you have a standard notice period of one month (art. 7:271 BW), unless the contract specifies a longer period (maximum three months). The landlord always has a notice period of at least three months, increasing with the duration of the tenancy up to a maximum of six months. Key points:

  • Must the notice be in writing? Almost always yes. Send it by registered mail or email with read confirmation.
  • Is there a diplomats clause? This allows the landlord to terminate the contract if they need the property back for personal use. It must be explicitly stated in the contract.
  • For fixed-term contracts (where applicable): early termination is usually not possible unless specifically included.

House rules and restrictions

Many contracts include rules about:

  • Pets: A complete pet ban is not always enforceable. Dutch courts assess this on a case-by-case basis.
  • Subletting: Without the landlord’s permission, subletting is almost always prohibited and can lead to contract termination.
  • Renovations: You can usually make small changes (shelves, painting), but bigger renovations require permission.

Checklist: what to verify

  • Indefinite or fixed-term — and whether any temporary contract falls under the legal exceptions
  • Basic rent and itemised service costs
  • Rent increase clause — maximum the legal limit (4.4% in 2026)
  • Deposit amount, return period, and conditions
  • Maintenance responsibilities (landlord vs. tenant)
  • Notice period and termination procedure
  • Rules on pets, subletting, and renovations
  • Diplomats clause (if applicable)

Not sure? Get your contract reviewed

If something is unclear, have the contract reviewed by the Juridisch Loket (free legal advice) or a specialised rental law attorney. It may take an hour, but it can save you thousands of euros and a lot of stress.

Still looking for a rental in the Netherlands? With RentSlam, you get the newest listings from over 1,200 sources first — so you can respond quickly before the competition. Check out our other Knowledge Base articles on rent prices and which documents you need.

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