Housing issues are one of the most common problems students are dealing with. International students are especially vulnerable to exploitation due to a lack of social support and knowledge about the Dutch housing system. That is why F.U.S.T. is providing you with a legal synopsis of your rights, obligations and what to do in case of a dispute. Stay informed to protect yourself!
In the Netherlands, tenant rights are governed by the Dutch Civil Code (Book 7, Title 7.4). This legislation provides detailed regulations on rental agreements, tenant and landlord responsibilities, and other essential aspects of renting property.
Understanding rental agreements
Contract Types
- Fixed-Term Contracts: These contracts are set for a specific duration, typically ranging from six months to two years. If the landlord does not inform the tenant of the contract’s termination within the required notice period (at least one month and no longer than three months), the contract automatically converts to an indefinite contract.
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- Indefinite Contracts: These contracts have no predetermined end date. They can only be terminated by the landlord under specific legal conditions, providing tenants with greater security.
Key Elements in a Rental Contract
- Rental Term: Clearly specifies the start and end dates of the rental period.
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- Rental Price: Includes the basic rent, service costs, and utility charges (such as gas, water, and electricity). It also mentions the date for the annual rent increase.
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- Deposit: By law, a deposit amounts to two months’ basic rent. For contracts signed before July 1, 2023, the deposit could be up to three months’ rent.
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- Notice Period: The standard notice period is one month, aligning with the rental payment period.
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- Maintenance and House Rules: Outlines the tenant’s responsibilities for minor repairs and the landlord’s duties for major repairs and maintenance.
Rent control and rent increase regulations
Types of Housing
- Social Housing (Sociale huurwoning): These are properties with a basic rent of €808.06 or lower in 2023, and €879.66 or lower in 2024. Rent for social housing is controlled by a point system that sets rent ceilings.
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- Private Sector Housing (Vrijesectorwoning): These properties have a basic rent higher than €808.06 in 2023 or €879.66 in 2024. Rent in the private sector is liberalized, meaning there are no rent ceilings for self-contained units.
Annual Rent Increase
- The annual rent increase for housing is legally capped. It is limited to the inflation rate plus 1% or the wage development rate plus 1%.
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- For the year 2023, the maximum allowable rent increase for private sector housing was 4.1%.
Maintenance and repairs
- Tenant: Responsible for minor daily repairs and maintenance tasks.
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- Landlord: Responsible for major repairs and overall maintenance of the property.
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- Article 7:256: If major maintenance issues remain unresolved for six months or longer, tenants can request a rent reduction.
Privacy and property access
- Landlords are not permitted to enter the rented property without the tenant’s permission, except in emergencies. Unauthorized entry is considered a violation of the rental agreement and the General Law on Entry (Awb).
Deposit return
- The deposit should be returned to the tenant within 14 days after the lease ends, without any interest.
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- The maximum deposit is two months’ rent for contracts signed after July 1, 2023.
What to do if deposit is too large?
- Refuse to pay: You can refuse to pay the deposit. However, be aware that this will likely result in losing the opportunity to rent the property.
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- Pay and report: You can pay the deposit and report the excessive amount to the municipality. The municipality may impose a fine on the landlord, but there is no guarantee you will recover the excess amount.
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- Seek judicial intervention: You can pay the deposit and subsequently ask a judge to reduce the amount. If the judge rules in your favor, the landlord will be required to refund the excess deposit you paid.
If the landlord does not pay you back, you need to send them an official letter to request it. F.U.S.T. offers a legal help member benefit that can help you construct this letter!
How high can your rent be?
- Depends on if your home is social housing or private sector housing.
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- Social housing are homes that in 2024 had a rent of less than 879,66€
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- If your home is social housing, then it is subject to a rent ceiling.
Rent ceiling
- Rent ceiling is dependent on the quality of the housing
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- This is calculated based on a point system
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- Rent ceiling is only applicable if your home is categorized as social housing. These are housing units of basic rent less than 879,66€.
Students being charged rent that is illegal based on the quality of housing is not a rare occurrence. In case you find your rent is illegally high, you can contact the legal aid of F.U.S.T. which will navigate you towards the next steps you need to take. This usually entails contacting a pro bono lawyer service specializing in this matter.
Housing dispute resolution
Steps for resolving disputes
The following steps need to be completed in order:
- Submit a complaint to the landlord: The first step in resolving any dispute is to formally submit a complaint to the landlord. F.U.S.T.’s legal aid can assist in this.
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- Contact the landlord’s complaint committee: If the issue remains unresolved, the tenant can escalate the complaint to the landlord’s internal complaint committee, given the landlord is part of a landlord corporation.
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- Rent Tribunal (Huurcommissie): For further resolution, the Rent Tribunal (Huurcommissie) can mediate or adjudicate disputes related to rent, maintenance, and service charges.
Legal support resources
- Legal aid by F.U.S.T.: Members of F.U.S.T. can reach out to a team of law students that will advise you in case of a wide variety of legal or educational issues. Housing disputes included!
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- Rent Tribunal (Huurcommissie): This body handles disputes regarding rent, maintenance, and service charges.
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- Het Juridisch Loket: Offers free legal advice to low-income individuals. Services are available at their office in Tilburg, or you can call 0800-8020.
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- Rechtswinkel: Provides free legal advice in most cities. In Tilburg, visit Ringbaan West 96 or contact them through their website.
For detailed information, you can visit the Government of the Netherlands and Dutch Civil Law websites.
Housing allowance
Housing allowance is a government subsidy for students living in a studio or apartment, available to both EU and non-EU students. To qualify, you must live in an independent living space, such as a studio, apartment, or house, but not in a student house or student room.
Eligibility depends on the ratio between your age and your rent. If you are under 23, your basic rent must not exceed €454.57. For those 23 and older, the limit is €879.66. The amount of housing allowance varies based on your situation, so it is recommended to use the online calculator to determine your specific amount.
Non-EU students are also eligible for this subsidy.