Netherlands Lease Requirements: Mandatory Clauses and Contract Types

Dutch rental law, governed primarily by Book 7 of the Civil Code (Burgerlijk Wetboek, effective 1 January 1992), sets specific requirements for residential lease agreements. These have been significantly tightened by two major pieces of legislation: the Good Landlordship Act (July 1, 2023) and the Fixed Rental Contracts Act (July 1, 2024).

Mandatory Written Form (July 2023)

Since the introduction of the Good Landlordship Act (Wet goed verhuurderschap), it is no longer optional to have a written contract.

• Landlords must provide the tenant with a written lease agreement.
• Landlords must provide the tenant with a separate information document explaining the tenant's rights and obligations.
• Mandatory Disclosure (Art. 7:249 BW): For all new lease agreements signed on or after January 1, 2025, landlords MUST automatically include the WWS (Woningwaarderingsstelsel) point calculation in the written contract.
• Failure to comply can result in administrative fines from the municipality.

The Affordable Rent Act (July 2024)

This act (Wet betaalbare huur) expanded the Residential Rating System (WWS) points system:

• Middle Segment Protection: Houses with 144 to 186 points (the "mid-segment") are subject to maximum rent prices (~€1,228.07 in 2026). Properties with 0–143 points fall under social housing (max rent ~€932.93).
• Mandatory Points Check: Landlords must automatically include the WWS point calculation in every new lease agreement as of January 1, 2025.
• Enforcement: Municipalities can now fine landlords who charge rent above the legal maximum based on the points.

Required Contract Content

A compliant Dutch lease must contain:

1. Separation of Costs: Base rent (kaal) and service charges must be listed separately. "All-in" rent is prohibited.
2. Security Deposit: Capped at a maximum of 2 months' base rent (Art. 7:261b BW). It must be returned within 14 days of lease termination (or 30 days if there are demonstrable damages or debts).
3. Indexation Clause: For 2026, annual increases are capped at 6.1% (CAO wage growth + 1%) for the mid-segment and 4.4% (lower of CPI+1% or CAO+1%) for the free sector. Social housing increases are capped at 4.1% (from July 1, 2026).
4. Maintenance Division: Must follow the "Minor Repairs Decree" (Besluit kleine herstellingen).

Types of Lease Agreements (July 2024 Reforms)

The Fixed Rental Contracts Act abolished most temporary leases for residential properties to increase housing security. Disputes regarding contract interpretation are handled by the Subdistrict Court (Kantonrechter).

1. Indefinite-Term Lease (Standard)

This is now the mandatory default for all residential tenancies. The tenant can terminate at any time with 1 month's notice. The landlord can only terminate on strict statutory grounds (e.g., non-payment or own use).

2. Fixed-Term Exceptions (Limited)

Temporary contracts (max 2 years) are now only permitted for specific target groups:

• Students (Campus contracts).
• Tenants in social emergencies or urgent housing need.
• Tenants temporarily displaced by renovation or maintenance.
• Second-chance tenants (previous lease terminated for nuisance).
• Orphans/surviving relatives (ages 16-27).
• Divorced parents with minor children.
• Wadden Island workers.
• Permit holders (refugees) transitioning from COA centers.

3. Diplomatic Clause (Interim Lease)

Landlords who are temporarily moving away (e.g., for work abroad) can still use a diplomatic clause (tussenhuur) to ensure they can return to their own home.

Prohibited Clauses (Void by Law)

• ❌ Mandatory Agency Fees: You cannot charge the tenant for finding them a home if you are also acting for the landlord.
• ❌ Mandatory Repair Contracts: You cannot force a tenant to use a specific maintenance company for minor repairs.
• ❌ Unreasonable Penalties: High daily fines for minor breaches are often struck down by courts as "unfair terms."

Best Practices for Landlords

1. Perform a WWS Check: Before setting the rent, calculate your points. If your property falls in the mid-segment (144–186 points), you must respect the legal maximum.
2. Use the "Vastgoed Belang" or "ROZ" Models: These are updated regularly to reflect the 2024 legal changes.
3. Register with the Municipality: Many Dutch cities (like Amsterdam or The Hague) now require a "Landlord Permit." Check if your property is in a regulated zone.

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