A rent dispute in the Netherlands: Huurcommissie or kantonrechter?

Tenants and landlords in the Netherlands have two places to settle a dispute: the Huurcommissie (the rent tribunal) and the kantonrechter (the sub-district judge). Which one is right depends on what the dispute is about. Both start the same way: make sure you have everything in writing.

Record everything

Keep the tenancy agreement, proof of payment of rent and deposit, the inspection reports at the start and end of the tenancy, and every email or letter exchanged with the landlord. Photograph defects, with dates. Report problems in writing, not only by phone. In almost every procedure the question is not only who is right, but also who can prove it.

The Huurcommissie

The Huurcommissie is an independent and impartial dispute body for tenants and landlords. Among other things, it handles disputes about:

• the rent (huurprijs), for example if you think the rent is too high for the property, or about a rent increase;
• service charges (servicekosten) and charges for gas, water and energy;
• maintenance and defects (onderhoudsgebreken), such as mould or leaks.

Exactly what the Huurcommissie can rule on depends on whether your home falls in the social, mid-rent or free sector. For free-sector homes the options are more limited. The website has a rent check and a defects check to test your situation.

For defects there is a fixed order: you first report the defects in writing to the landlord and ask for them to be repaired within six weeks. If that does not happen, you can ask the Huurcommissie to reduce the rent temporarily. This is only possible for serious defects.

A decision of the Huurcommissie is usually binding: both parties have to comply with it. If you disagree, you can take the case to the kantonrechter within eight weeks of the date the decision was sent, and the judge will assess it afresh. Against a decision by the chair alone, you can first lodge an objection (verzet) with the commission.

The kantonrechter

For other tenancy disputes you go to the kantonrechter. Think of termination of the tenancy, a threatened eviction, rent arrears, a deposit that is not returned or a disagreement about what you must repair when you leave. Tenancy cases belong to the kantonrechter whatever the amount, and you do not need a lawyer there. A procedure does involve costs, including the court fee (griffierecht).

The deposit

Since the Good Landlordship Act (Wet goed verhuurderschap), there are clear rules on the deposit (borg or waarborgsom). According to the Dutch government:

• the deposit is at most two months' basic rent for contracts from 1 July 2023, and at most three months for older contracts;
• the landlord must return the deposit within 14 days of the end of the tenancy;
• if the landlord deducts costs, you receive the balance within 30 days, and the landlord must send you a full written breakdown of the costs;
• only certain costs may be deducted, such as unpaid rent and damage the tenant is responsible for. Administration fees may not.

Always ask for proof when you pay. If the deposit is not returned, first send a letter with a deadline; Het Juridisch Loket (the free legal advice service) has a template letter in Dutch. If that does not work, the kantonrechter is the next step.

When it is urgent

Some problems cannot wait for an ordinary procedure: an announced eviction, a landlord who changes the locks, a home without heating in winter. You can then start summary proceedings (kort geding) before the kantonrechter. You must show that the matter is urgent. In summary proceedings the judge gives a provisional decision; here too, a lawyer is not required. In such a situation, do not wait.

Where to get help

The Juridisch Loket website has a lot of information on rental problems, and on a low income you can get free personal advice there. Many legal-expenses insurance policies cover tenancy disputes. If a lot of money is at stake, or keeping your home, advice from a lawyer experienced in tenancy law is sensible.

This page is general information about how these matters usually work in the Netherlands. It is not legal advice about your own case, and only a lawyer who has read your documents can give you that.