FREQUENTLY ASKED QUESTIONS – LEGAL DESK

Finding a room in Amsterdam is not easy. In fact, the chances of finding a good, affordable room are unfortunately quite low. You can find tips and more information on the student housing page.

Since 1st July 2024, new legislation has been in force, making indefinite leases (permanent leases) the norm. Fixed-term leases (temporary leases) are only allowed in a few cases since the introduction of this law. Temporary leases are possible in the following cases, among others:

• Target group contract: for example, a youth contract, intended for young people under 28, or a campus contract, intended for students and PhD fellows. If you no longer belong to the target group, the landlord may terminate the contract. For the landlord, a notice period of at least three and a maximum of six months applies, depending on how long you have been renting the property.
• ‘Hospita’ rental: you then live in the same house as your landlord. See below for further explanation on ‘hospita’ rental.
• Interimrental/diplomacy clause/sublease: if you rent a house from someone who is temporarily away because of work or study, for example, you can temporarily rent the house. You then agree on a period for which you will rent the house, the landlord is not allowed to terminate the lease in the meantime. After this period, you will have to leave the house, and the landlord must give notice of the end of the lease at least one month and a maximum of six months before you have to leave; this period depends on how long you have been living there.
• Renting via the Empty Homes Act (‘Leegstandwet’)’: your landlord must have a permit for this. The landlord may terminate the contract mid-term, with at least two or three months’ notice (depending on the reason for the permit).
• Rental contract ‘by its nature of short duration’: this is only possible in specific cases, such as a holiday home.

You may have a rent contract together with your flatmates, which is also called a group contract. In that case, you rent the whole house together, instead of each of you renting a room separately. The municipality of Amsterdam has established that each tenant must have their own rental contract. These rules do not ensure that you automatically have an individual rental contract. However, you can report it to the municipality if your landlord does not want to give you your own rental contract, your landlord may be fined or their licence to rent may be revoked.

A group contract is usually not great for the tenant. A group contract results in each tenant being jointly and severally liable for the rent of the whole house. Therefore, if your housemates do not pay their rent, your landlord can demand that you pay the full rent of the house. With a group contract, the tenants cannot terminate the rent separately. If you want to terminate the rent, you must get permission from your landlord and your housemates. This is because after you leave, your housemates will have to pay the entire rent (i.e. including the part you used to pay).

What is often also disadvantageous for tenants is that sometimes you are not entitled to rent reduction through the point system when you have a group contract, as you then rent an entire house instead of a room. Group contracts can therefore be a way for landlords to try to circumvent the point system and charge a much higher rent. In some cases, judges have ruled that this was not allowed, as it was actually room rental and not an actual group contract. This is the case, for example, when the landlord rents the rooms separately from each other and the tenants do not know each other and do not have a sustainable, common household. Thus, in such situations, the landlord may not circumvent the point system through a group contract.

There are different forms of subletting:

1. If you sublet independent housing, housing with direct access to your own kitchen, front door and bathroom, the following applies:

Here, the subtenant is entitled to protection even if the lease between the main tenant and landlord ends. The sublease agreement will still continue. Thus, the legal position of the subtenant is strong. Nevertheless, the landlord can go to court six months after termination of the main tenancy to also terminate the sublease, but this can only be done if the subtenant does not comply or the landlord has a compelling interest.  

1. If you are subletting non-independent housing, such as a single room, the following applies:

• ‘Hospita’ rental: you live in the same house as your landlord (see heading: ‘I live in the same house as my landlord (‘hospita’ rental), what does that mean for me?’).
• Room rental: the tenant rents out an independent house that they are renting themselves and divides this house into several rooms.

In the above situations, as a subtenant, you only have legal protection against the main tenant, and not against the landlord. If the contract ends between the landlord and main tenant, the contract between the subtenant and the main tenant also ends.

Note that if you sublet illegally, you have an uncertain legal status and little to no legal protection. For example, you can be evicted from your house as a subtenant if the contract between the landlord and the main tenant ends. If you sublet illegally, you can also be evicted from your house, as you are not complying with the terms of your lease.

The moment you rent from your housemate, or when you live in the same house as your landlord, it is called ‘hospita’ rental. You then share an entrance and often facilities, such as the kitchen, bathroom or toilet, with your landlord. ‘Hospita’ rentals are subject to slightly different rules than other forms of renting. The most important thing for you as a tenant is that your landlord can terminate the rent without reason during the first nine months of the lease. In doing so, the landlord must give at least three months’ notice. If the landlord does not give notice within the first nine months, the contract will automatically be converted into a permanent contract. Your landlord may then no longer simply terminate the contract.

During your search for a room, you may have come across rooms where you are not allowed to register. This is usually because the landlord wants to rent out more rooms than is legally possible. Everyone must be registered at the address where they live. For international students, this is necessary, among other things, to get a BSN, which is a requirement for a number of facilities such as opening a bank account, healthcare and rent allowance, energy subsidy and to be allowed to work in the Netherlands. This system can therefore cause problems for international students. We strongly advise you to keep looking for housing where registration is possible, because if you are not registered in your place of residence, you risk a fine of up to €325 and various other problems. See this link for tips on finding housing.

Almost all landlords ask their new tenants for a deposit. If, after your departure, it turns out that the property has not been left in a good condition, the landlord can offset the costs of repairs against the deposit. The landlord can also offset any rent arrears against the deposit. The deposit may not exceed two months’ rent. It is best to transfer the deposit from your bank account, so you always have proof of payment. If your landlord wants the deposit in cash, always ask for proof of payment.

It may happen that your landlord does not want to pay back the deposit because they think there is something wrong with the condition of the property, while you think there is not. You can then start proceedings to get the money back. If no record was made at the beginning of the tenancy, it is assumed that you leave the property in the same condition as when you moved in. Your landlord must then prove that you caused damage other than normal wear and tear. If there is a record, you must leave the property as described in the record, apart from wear and tear due to normal use. If you disagree with the record that was made, you have to prove that the property was in worse condition when you moved in.

It is always wise to take photos of the property both at the beginning and at the end of your lease, in case you get any problems about the deposit. After the end of the lease, your landlord must refund the deposit within 14 days. If there are damages or rent arrears, the landlord must refund the remaining amount within 30 days, and send you a cost breakdown.

A ‘key fee’ involves charging money for receiving a key. However, this is never allowed. Not even if the ‘key fee’ has a different name, such as ‘final cleaning fee’ or ‘beginning inspection’.

If you instruct an estate agent to search for a property for you, you have to pay mediation fees. You agree to this amount with the estate agent in advance, for example advice, commission or administration costs. An estate agent may never charge mediation fees twice for the same property. In other words, if the property agent works for the landlord, the agent may not charge mediation fees to the tenant. If the property agent works for both the tenant and the landlord, the property agent may not charge mediation fees to both the tenant and the landlord. Even if the estate agent renames the fees, this is not allowed.

There are three different types of rental housing: social housing, private sector housing and mid-rent housing. The latter type of housing has been a new category since 1 July 2024. The following rents are ‘base rents’, which is the rent excluding service charges. More information can also be found here.

• There are three situations where there is a social rent. First: if the base rent is a maximum of €879.66 per month. Renting non-independent housing also falls under social renting. In addition, it is usually social rent if you have an all-in rent. This means, for example, that your gas and light are included in the rent. Finally, it is also social rent if the base rent is higher than €879.66, but the house has less than 143 points according to the point system.
• There are two situations where the housing is mid-rent. Firstly, if the base rent is between €879.66 per month and €1,157.96 per month. In addition, there is also mid-rent if the base rent is higher than €1,157.96 per month, but the house has between 143 and 186 points according to the point system (see heading: ‘How do I determine whether I rent my room for a reasonable price?’).
• All other cases, a base rent higher than 1,157.96 per month or more than 186 points, fall under the private sector.

As a tenant, you may want to know if you are paying too much rent. There are three different types of rental housing: social housing, private sector housing and mid-rent housing. The last type of housing has been a new category since 1 July 2024. A distinction is also made between independent and non-independent properties (see: ‘What rules apply to subletting?’). To know how much rent your landlord is allowed to charge, you can apply the point system. You can do this using this checklist. For each facility, you add up points that allow you to determine what a reasonable rent is. In short: the more points, the more rent the landlord is allowed to charge. Note that the maximum rent is the base rent. This is without service costs. Does it turn out that you pay too much rent and the landlord does not want to give you a rent reduction? Then you can go to the Rent Tribunal. If you have the initial rent checked, you can get a retrospective refund of overpaid rent; when checking the current rent, this is not possible. The time limits within which you can go to the Rent Commission vary, see this link for more information.

As a tenant, you may want to know whether your landlord is allowed to raise the rent every year, and by what percentage. There are three different types of rental properties: social housing, mid-rent and private sector properties. For the different types of housing, maximum percentages have been set for the rent increase each year, see the maximum rent increase for social housing, mid-rent and private sector properties here. Note: if a lower percentage has been agreed in your rental contract, only that percentage is allowed. The landlord is obliged to propose the rent increase in writing. If your landlord makes a written rent increase proposal, it must meet the following criteria:

• The proposal must have been received by the tenant at least two months prior to the rent increase.
• The percentage of the increase must be mentioned.
• The old rent and the new rent must be mentioned.
• The effective date of the increase must be mentioned.
• The objection period must be mentioned.

Through the links above (in Dutch), you can read how to object to the rent increase for each type of property.

One of the landlord’s main obligations is to provide tenants with a peaceful living environment. Peaceful living means that residents can enjoy their home in a safe manner. For example, there is no peaceful living enjoyment if the landlord intrudes into the living space or harasses the tenant in other ways. With room rentals, ambiguity quickly arises about what the tenant and the landlord can and cannot do. Examples are that the landlord must gain access to the living space, and must not hinder the tenant in doing so. However, the landlord may only enter to perform a task. There is a hotline for problems with landlords, such as harassment or discrimination.

Maintenance is divided between you and the landlord. Small jobs are for yourself, for example cleaning, painting interior spaces and filling holes. The landlord is responsible for major maintenance and has an obligation to carry it out. Consider repairs of leaks, major blockages, exterior painting, replacement of broken doors and window frames. Major repairs to replace the shower, bath, toilet, or kitchen are also the landlord’s responsibility. There are different categories of defects, you can check this here.

Despite the fact that the obligations of the tenant and the landlord are clearly defined, it happens that a landlord does not fulfil their obligations. As a tenant, you then have several options to ensure that the landlord does carry out the repairs or maintenance. First, you can contact the landlord and try to find a solution and a reasonable period of time. If this has no effect, you could repair the defect yourself and recover these costs from the landlord, if it is a reasonable amount. This is usually the quickest way to fix the defect, but do this in proper consultation with the landlord. You can also go to the Rent Tribunal to apply for a rent reduction. However, the landlord is not always obliged to listen to a Rent Tribunal ruling in the private sector. In addition, you can also go to your local council or the subdistrict court for some defects.

A landlord cannot simply terminate your lease. The landlord must have a good reason for doing so. The grounds for this are limitative, meaning that no extension is possible. These are the following grounds:

• The tenant does not behave as a good tenant. Think rent arrears or nuisance. However, the landlord must enforce this through the courts.
• Landlord’s urgent own use. In this case, the landlord is obliged to offer the tenant suitable alternative accommodation, or they must be able to prove that suitable accommodation is available.
• The landlord has made a reasonable proposal for a new agreement.
• In connection with a valid zoning plan, it is necessary to terminate the lease.
• Serious interests of the landlord of rooms. This ground for termination only applies when the landlord themselves also has their main residence in the house.
• The landlord may also end the rental agreement in the event of a target group contract, rental under the Empty Homes Act or in the event of a ‘hospita’ rental. For an explanation on this, see ‘Is my temporary lease valid?’.

If the landlord terminates the rent and the tenant disagrees, the landlord is obliged to act through the courts to get the tenant out of the property. This is part of rent protection. As long as the court has not ruled that the tenant must leave the house, the tenancy agreement continues. This applies even if a temporary contract has been agreed. There are some exceptions to this, for example in case of ‘urgent own use’ (see: ‘On what grounds can the landlord terminate the lease?’).

If the tenant appeals, the lease usually continues until the appeal court has ruled that the tenant must vacate the living space. If the tenant does not appeal, the lower court’s ruling becomes irrevocable after a certain time and the tenant can be evicted if the ruling was negative for the tenant. If you are in imminent danger of being evicted from your home, you can contact !WOON.

As a tenant, you can terminate your lease at any time, unless it is a permanent contract with minimum duration or a group contract. By law, terminating the contract may only be done by means of a registered letter (or by bailiff’s notice) in which you state the termination of the lease. Nowadays, termination via an email is also accepted, but it is then mandatory to have proof that your landlord has received it (for example, a confirmation of receipt). We recommend terminating your contract via registered letter. The tenant’s notice period is equal to the payment period as defined in the rental agreement, with a minimum of one month and a maximum of three months. It is important to end the lease before the first day of the month, unless otherwise agreed in the lease.

Legal action is a last resort in conflicts. Practice shows that taking legal action can ruin the relationship between you and your landlord to the point where renting peacefully is no longer possible. At first, try to resolve your problems through negotiation or talks with your landlord. Mediation by an independent third party may also be a solution. You can always ask the ASVA Legal Desk for advice. We recommend that you keep relevant documents so that it is clear to a third party what the problem is. There is also the option of contacting !WOON.