Reinier advises national and international companies
reinier.russell@russell.nl +31 20 301 55 55Over the past year, the number of rental properties sold has risen sharply. Private residential landlords are pulling out due to stricter regulations and declining returns. For tenants, this creates uncertainty about their tenant rights. Still, one reassuring rule applies: “Sale does not terminate the lease.”
Since the Affordable Rent Act (Wet betaalbare huur) took effect in 2024, midmarket tenants are no longer faced with unreasonably high rents. This is a relief for tenants, but investors and other landlords are less enthusiastic. In some cases, rented property no longer generates enough income, leading more and more owners to decide to sell property instead of letting it.
Data from the Land Registry (Kadaster) shows that apartment sales rose by nearly 25% last year. This is causing stress among tenants who fear losing their homes, especially in this tight housing market where alternatives are scarce. Nevertheless, the basic principle remains the same: a sale does not terminate a lease. The new owner automatically becomes the new landlord, assuming all associated obligations. Tenants therefore have strong tenant rights and enjoy rent protection.
When a landlord asks a tenant to move out, this is only permitted under strict conditions. In most cases, the landlord must offer replacement housing, compensation, or a combination or both, depending on the legal ground for termination. Only by invoking “urgent personal use” can the landlord actually require the tenant to move out. This may occur, for example, when the landlord urgently needs the property for their own use, demolition, or renovation.
This also applies to housing intended for a specific target group, such as students, the elderly, or people with physical disabilities. In such a situation, the property has a designated purpose, and it is not possible to live there if you no longer belong to the target group. That is why landlords often request proof of enrollment in a program annually. The lease must be formally terminated in all cases. Expats usually will not qualify for this type of lease, but the Dutch government is working on a target contract for migrant workers.
The end of a temporary lease contract is not a valid reason for a landlord to terminate the rent, as these contracts are not allowed for residential accommodation since 1 July 2024.
If none of the legal exceptions apply, the tenant does not have to leave. The landlord may sell the property, but only with the tenant in place. Because the sale of a property with a tenant typically yields less than an empty one, some landlords try to persuade tenants to leave voluntarily. This can put pressure on tenants, but they do not have to accept it.
If you notice that your landlord is trying to get rid of you, for example by performing little or no maintenance, you can, as a residential tenant, contact the Rent Tribunal. Municipalities have a reporting center where tenants can file complaints, for example, regarding improper rental practices. Amsterdam and The Hague have special centers for English speaking tenants. These reporting centers are a result of the Good Landlord Act (Wet goed verhuurderschap) took effect on July 1, 2023. This law applies to residential properties only. The law is intended to protect tenants from abuse, discrimination, and intimidation by landlords or brokers. It contains special rules for renting accommodation to migrant workers from the EU:
Not all maintenance is the landlord’s responsibility. For residential properties, minor, simple maintenance that an average, handy tenant can perform themselves is generally the tenant’s responsibility.
If your quality of life is affected, for example, because you are sleeping in a room with mold on the walls, you can request a rent reduction. Moisture and mold issues are often the landlord’s responsibility to resolve. Even with a mold problem, it can sometimes be difficult to pinpoint the exact cause. Often, it is a combination of poor heating and ventilation by the tenant. Here is the rule: you can remove mold from the grout on a bathroom tile yourself, but it is different for mold spots in the walls.
A landlord may not enter residential space unannounced without the tenant’s consent, except in emergency situations.
Do you have any questions about tenant rights in the Netherlands? Or do you require the advice or assistance of a lawyer in a dispute with a landlord or tenant? We will be happy to assist landlords and expats in disputes about lease termination, real estate and other tenancy issues. Please contact us:
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