What a Dutch landlord may and may not ask you

The deposit is capped at two months

Article 7:261b of the Dutch Civil Code sets a hard limit: the deposit cannot exceed two months of base rent — the rent without service charges. The rule came into force on 1 July 2023 with the Wet goed verhuurderschap.

It is mandatory law. A clause in your contract asking for three months is void, even if you signed it, and even if you agreed by email beforehand.

The deposit must also be returned within fourteen days of the end of the tenancy, or thirty days if the landlord deducts costs, in which case those costs must be itemised.

The rent itself has a legal maximum

Since the Wet betaalbare huur of 1 July 2024, a points system (woningwaarderingsstelsel) sets a maximum legal rent for homes rated up to 186 points, on contracts signed on or after that date. Below 144 points, and for every room, the cap applies whenever the contract was signed. Points come from surface area, energy label, facilities and location, and each score has its own maximum.

Since 1 January 2025 the landlord must hand you the points calculation with every new contract, whatever the segment. If they do not, ask for it: it is an obligation, not a courtesy.

If the rent charged exceeds the maximum the points allow, you can bring the case to the Huurcommissie, the national rent tribunal. Doing so does not end your tenancy.

Agency fees charged to tenants are banned

A letting agency working for the landlord cannot also charge you a fee for the same property. Dutch courts have consistently ruled that this amounts to serving two masters.

Contract fees, administration fees and key money charged to the tenant fall under the same prohibition. Fees for a service you genuinely requested yourself, and that benefits you alone, remain lawful.

Discrimination in selection is unlawful

The Wet goed verhuurderschap also requires landlords and agencies to use a transparent selection procedure and to explain, on request, why an applicant was not chosen.

Refusing a candidate because of origin, nationality, gender or family situation is prohibited. Municipalities have a reporting point for this, and can fine the landlord.

What a landlord may legitimately ask

Proof of identity, proof of income, an employer statement, bank statements and a reference from a previous landlord are all normal requests. Refusing to provide them means your file will not be considered, and that is the landlord's right.

What they may not do is keep copies of your identity document without a legal basis, or ask for information unrelated to your ability to pay the rent.

Frequently asked questions

Sources

• Article 7:261b Dutch Civil Code (deposit cap)
• Wet betaalbare huur, Volkshuisvesting Nederland
• Huurcommissie, national rent tribunal

General information, checked against the sources listed. It does not replace advice from the competent office.