Rental Contract Checklist: What to Check Before You Sign

In the Netherlands you often sign a rental contract under time pressure. Housing is scarce, ten other applicants are queuing behind you, and the landlord wants your signature "right away". Yet this is the moment when you can arrange the most, and prevent the most. What you overlook now, you pay for later in too-high rent, a lost deposit, or a dispute over damage that was already there when you moved in.

This checklist walks point by point through everything in a Dutch rental contract worth checking. Read it calmly before you sign, not after. A good landlord has no problem at all with a tenant who understands their contract. As an expat this matters even more: you may not yet know the Dutch rules, and some landlords count on that.

1. Which type of contract is it?

The first thing to check is the contract type, because it determines your housing security. Since 1 July 2024, under the Fixed Rental Contracts Act (Wet vaste huurcontracten), a rental contract for self-contained living space is in principle once again for an indefinite period. Temporary contracts have become the exception, not the rule.

So watch the difference:

• Indefinite period (permanent): the standard. You may give notice with the statutory notice period; the landlord can only terminate on the strict grounds listed in the law. This gives you the most security.
• Fixed term (temporary): only allowed in specific cases, such as an interim let because the owner is coming back, or for certain target groups (students, people in urgent need of housing). If you are given a temporary contract without falling into such an exception, the contract is often simply for an indefinite period, even if it says otherwise.

Also check that it really is a tenancy agreement (huurovereenkomst) and not a "user agreement" (gebruikersovereenkomst) or property-guardian (antikraak) arrangement. With antikraak you have far less protection and tenancy protection does not apply.

2. Is the rent correct?

A signature under an inflated rent is an expensive signature. For self-contained homes, the Affordable Rent Act (Wet betaalbare huur, 2024) means the points system (WWS) sets a binding ceiling not only for the social segment but also for the mid-market segment. The number of points your home scores determines the maximum basic rent (kale huur).

Roughly:

• Up to about 143 points, a home falls in the regulated sector with a legally capped rent.
• Above that, you are in the free sector (vrije sector), where the price is in principle free, though rules on increases and reasonableness still apply.

The liberalisation threshold (the basic rent above which a new contract counts as free sector) sits around 900 euros per month in 2026; this figure is indexed annually. Whether your home is regulated, however, depends not only on the price but above all on the points.

Not sure the rent being asked is correct? Count the points yourself or have them checked. In the first six months of your contract you can have an excessive starting rent assessed by the Rent Tribunal (Huurcommissie). This is accessible and cheap. Also read how to do a rent check and spot whether you are paying too much and what the difference is between social housing and the free sector.

3. Indexation: how much can the rent rise?

Almost every contract contains an indexation clause: the annual rent increase. Read it carefully, because there is a lot of room for ambiguity here.

• In the regulated sector the maximum annual increase is set by law and is fixed anew each year.
• In the free sector a statutory cap has also applied since 2021: the increase may be no higher than a fixed percentage on top of inflation or collective-wage (cao) development, whichever is lower. A clause promising "inflation plus 5%" is therefore often in breach of the law.

Is the wording vague, such as "the rent is adjusted annually in line with the market"? Then ask for a concrete maximum indexation, or point the landlord to the statutory limit. An over-generous indexation clause can be challenged later, but it is more pleasant to have it right from the start.

4. Service charges: what is included and are they reasonable?

On top of the basic rent you often pay service charges (servicekosten): an advance for things like communal lighting, cleaning, a caretaker or glass insurance. This is where things regularly go wrong.

Watch these points:

• Service charges are an advance, not a fixed amount. The landlord must provide an annual statement (afrekening) based on the actual costs. If you have paid too much, you get money back.
• Only costs you genuinely use may be passed on. The landlord's own fixed expenses (such as property tax or insurance on the building) do not belong in them.
• If the place is let furnished or fitted out (gemeubileerd or gestoffeerd), a reasonable charge for furniture may be asked, but it must be substantiated.

A common trap is a high "all-in" price where it is unclear what is basic rent and what is service charges. Always ask for an itemised breakdown. An all-in rent without a split is, according to the Rent Tribunal, problematic and can be corrected. You can read more about this in service charges explained.

5. Notice period and the end of the contract

Check what happens when you want to leave, or when the landlord does.

• For you as the tenant, an indefinite contract usually carries a notice period of one month (equal to one payment period). A contract that obliges you to give two or three months' notice is often invalid for tenants.
• A minimum rental period (for example "you cannot give notice in the first 12 months") does occur and is allowed within limits, but be aware that you are then locked in.
• For the landlord the rules are much stricter: termination is only possible on statutory grounds, with longer periods.

Also check whether notice must be given in writing or by registered letter, and whether there is a penalty clause. Penalties out of proportion to the actual damage can be reduced or struck out by a court.

6. Deposit: how much and on what terms?

The deposit (waarborgsom) is a frequent source of conflict. Since the Affordable Rent Act there is a clear limit: the deposit may be a maximum of two months' basic rent. If someone asks for three months or more, that is not allowed.

Set down in advance:

• The exact amount, and that it concerns basic rent (not including service charges).
• That the landlord must return the deposit within 14 days after the tenancy ends, or within 30 days if a service-charge statement is still pending.
• Exactly what the deposit may be withheld for: only for genuine damage or outstanding rent, not for normal wear and tear.

How to get your deposit back in full and what to do if the landlord refuses is covered in getting your deposit back: your rights and steps.

7. The condition on handover: make an inspection report

This is the point most tenants skip and later regret. Without proof of the initial condition, the landlord can pin damage on you at the end that was already there.

So do this at the key handover:

• Make a joint inspection report (opnamestaat, the initial condition) describing the state of every room, including existing defects: scratches, stains, a cracked tile, a damp patch.
• On the same day, take dated photos or videos of all rooms, including small bits of damage.
• Note the meter readings for gas, water and electricity, and pass them on to your energy supplier.
• Have both parties sign the inspection report and keep your own copy.

When you leave, you only have to return the home in the same condition as on arrival, normal wear and tear excepted. A good inspection report is your most important piece of evidence.

8. Maintenance, house rules and the small print

Finally, the appendices and clauses that are easily overlooked:

• Maintenance: small, day-to-day maintenance is for the tenant; major maintenance and defects are for the landlord. A clause placing "all maintenance" on you breaches the law.
• Prohibitions: watch for clauses on subletting, pets or registration in the Personal Records Database (Basisregistratie Personen). You have the right to register at your rental address, which is essential as an expat for your BSN and most official matters; a ban on this is not legally valid.
• Agency fees: an estate agent or broker who also works for the landlord may not charge you, the tenant, any agency fees (bemiddelingskosten). This is prohibited by law. Read more about what a landlord may and may not ask for in what a landlord is allowed to ask.

Quick checklist in one table

Before you sign

If you feel pressured to sign immediately without being able to read anything over, take a step back. A reliable landlord will give you the time to understand the contract. If you are asked to transfer money for a home you have not seen, or something in the story does not add up, first read how to spot rental scams.

The best defence against a bad contract, in fact, is choice: the more homes you see, the less you have to let yourself be forced into an unfavourable deal. So browse the full current rental offer or set up instant alerts with HuurScanner Premium, so you respond quickly to new homes in cities like Amsterdam, Utrecht or Rotterdam, and can choose the contract that is right.