Rental contracts in the Netherlands 2026: the complete guide

A rental contract is not a template you download once and leave unchanged for years. Since 2024, four laws have been revised, the points system has been expanded, the deposit has been capped, and enforcement has shifted from the tenant to the municipality. A contract that was perfectly fine in 2022 is now often no longer legally valid, or is leaving money on the table.

This guide walks through everything a landlord needs to arrange in 2026: from the right type of contract for each situation, through the 14 mandatory elements, to termination, disputes and the scenarios we at Propty see most often in practice.

Which contract type fits which situation?

The first question is not "what do I put in the contract" but what type of contract you are entering into. Since the Wet vaste huurcontracten (Permanent Rental Contracts Act, 01-07-2024), that has become a much more precise choice.

The difference matters a great deal. Entering into a fixed-term contract without a valid exception means it automatically becomes an indefinite-term contract, without you realising it. At Propty we see this is one of the most expensive mistakes: a landlord expects to re-let in two years at current market rates, and is now stuck with a tenant who enjoys full tenant protection.

The 14 elements that belong in every contract

A good contract covers 14 points. We have set this out in more detail in the rental contract checklist. Here is the summary, plus what you need to know per element in 2026:

1. Parties: name, address, no BSN (Dutch social security number), but yes a BRP extract (municipal register). For business tenants: Chamber of Commerce (KvK) details plus annual figures.
2. Property: full address, type, included spaces (attic room, storage, parking space), shared spaces.
3. Rent split: base rent (counts for points), service charges (separate), advance payment for energy/water (separate).
4. Deposit: maximum 2 months' base rent, payment method, settlement and repayment term (14 days).
5. Start date: date plus moment of key handover.
6. Term: indefinite by default. Fixed-term only in the listed exceptions.
7. Termination: tenant 1 month, landlord 3-6 months plus a statutory ground.
8. Indexation clause: must be explicit. Without a clause, no indexation. Read Rent indexation 2026.
9. Maintenance matrix: refer to the Besluit kleine herstellingen (Decree on Minor Repairs) and provide a table.
10. Use: who lives there, pets, smoking, running a business from home, maximum number of occupants.
11. House rules: annex with practical arrangements (waste collection, noise, parking).
12. Insurance: tenant for contents, landlord for the building, named explicitly.
13. Key handover and final inspection: number of keys, inspection report at the start and at the end, define what "in good condition" means.
14. Signature: place, date, all parties. Digital signatures only through a qualified service.

The points system: from a refinement to the main rule

Until 2024, the points system (Woningwaarderingsstelsel, WWS - the housing valuation system) was something for social housing. Since the Wet betaalbare huur (Affordable Rent Act), it reaches deep into the mid-rental segment. In 2026 it looks as follows:

What this means in practice: a two-room apartment of 50 m² in Amsterdam without outdoor space and with energy label D quickly comes in under 187 points. Before 2024 you could charge market rates for it; now it falls into the regulated sector. A landlord who does not recalculate could easily be €300 per month above the statutory maximum without realising it.

A number of points are relatively easy to influence:

• Energy label A+ instead of D: up to 30 extra points. Read Energy label for landlords.
• Renovation of kitchen/bathroom: 8-15 extra points depending on the fit-out.
• Outdoor space above the minimum area: 10-12 points.

An upgrade from label D to A+ structurally yields 30 extra points, which for an average mid-rental property translates to roughly €150-€200 per month in additional permitted rent. Over a ten-year period, that is €18,000-€24,000 in extra income on a single property.

During the rental period: what belongs where?

A good contract regulates not just the start, but the years that follow. Two elements are, in our data, most often missing or poorly arranged.

Maintenance split

The law sets out what counts as minor maintenance (tenant) and major maintenance (landlord). But there are grey areas. The main rule from the Besluit kleine herstellingen (Decree on Minor Repairs):

Do not add this table as a separate annex but integrate it into the contract. When a disagreement arises about who has to pay for something, everyone falls back on the contract rather than on an interpretation of the Decree.

Indexation and the annual adjustment

Three things that often go wrong here:

1. No clause in the contract → no legal right to index
2. Late notice → must be announced in writing at least two months before the effective date
3. Wrong percentage → in 2026 a maximum of CPI plus a surcharge in the free sector, otherwise the government-set figure for regulated rent

A missed indexation round costs a landlord roughly €50-€100 per property per year in lost income. For portfolios of three properties or more, automating indexations is almost always worthwhile.

The deposit: from endless settlement to a statutory deadline

Since the Wet betaalbare huur (Affordable Rent Act), the deposit has been limited in two ways:

• Maximum: 2 months' base rent (there was no statutory cap before, there is now)
• Repayment term: 14 days after handover (used to be "reasonable", now strict)

What counts as "base rent" here? The rent excluding service charges. A tenant paying €1,500 including €100 in service charges has a base rent of €1,400, so a maximum deposit of €2,800.

At handover: if you charge a cost item against the deposit, you have to substantiate it line by line with invoices and the inspection report from the start and the end. No report at the start means no comparison material, which leaves you in a legally weak position if the tenant objects.

Termination: only with a statutory ground

For the tenant, giving notice is simple: one month's notice, in writing, done. You cannot agree a longer notice period in your favour.

For the landlord it is more complicated. You always need a statutory ground for termination:

Termination without a ground is null and void. A termination disputed by the tenant ends up in the kantongerecht (subdistrict court), with an average lead time of 6-9 months.

Disputes: Huurcommissie or kantonrechter?

Two routes:

1. Huurcommissie (Rent Tribunal, huurcommissie.nl): for disputes about rent levels, maintenance, and service-charge settlements. Cheap (€25 for the tenant, €450 for the landlord), ruling within 4-6 months. Binding.
2. Kantonrechter (subdistrict court, rechtspraak.nl): for termination, eviction, damages. More expensive (court fees plus lawyers' fees), 6-12 months lead time.

At Propty we see that landlords often pick the wrong route. A dispute over a €120 service-charge correction belongs at the Huurcommissie, not in court. The other way round: a termination case in which the tenant refuses to leave cannot be brought before the Huurcommissie.

Special situations that break the standard rules

Expat short-stay (shorter than 6 months)

Falls outside the regular tenant protection regime. You can be freer with pricing, shorter contractually, and you can terminate without a ground. But beware: you have to be able to demonstrate that it really is short-stay. An expat who was going to stay "just 3 months" but is still there after 7 months automatically gets regular tenant protection.

Non-self-contained living space (room rental)

A regime of its own. The points system works differently, and the Besluit kleine herstellingen only partly applies. For landlords with multiple rooms in a single property: always have this reviewed by a specialist.

Leegstandwet (Vacancy Act)

For properties you let temporarily because of demolition, renovation or sale. Apply for a permit at the municipality. Term of 2 to 7 years depending on the situation. No tenant protection for the tenant, but in some cases compensation if you end the contract early.

Three scenarios we encounter most often in our data

Scenario 1: the "forgotten" indexation clause

A landlord with 4 properties has used an in-house template for years, without an explicit indexation clause. With a missed 4% round on an average rent of €1,350, that is €54 per property per month × 12 months × 4 properties = €2,592 in lost income per year. And cumulatively over the years: considerably more.

The fix: a standard clause along the lines of "The rent is adjusted annually on [date] by the maximum permitted statutory percentage."

Scenario 2: deposit too high after 2024

An investor has 6 contracts in which the deposit was still 3 months back in 2022. In 2026, the rent falls in the regulated mid-rental segment. When the tenant leaves, the deposit has to be settled under the current law, so the extra month of deposit has to be returned, plus any interest. If the municipality picks up on this, the landlord can be fined.

The fix: at every new letting, revise the deposit clause. For existing contracts: inform tenants proactively, do not wait until they ask.

Scenario 3: fixed-term contract without a valid reason

A private landlord thought in 2025 he could carry on the old way and issued a 2-year fixed-term contract without target-group or Leegstandwet justification. The result: after 2 years he wants to sell, but the tenant stays. By operation of law the contract has become indefinite-term. A sale with a tenant in place typically delivers a 15-20% lower price.

The fix: only use a fixed-term contract when you explicitly fall within one of the exceptions and can demonstrably record that in the agreement.

Step-by-step plan: from loose contracts to a workable system

1. Take stock of your portfolio per property: contract type, current clauses, what is missing
2. Draw up one model template that you use for regular indefinite-term contracts
3. Have the template legally reviewed by a property lawyer (one-off cost ~€200)
4. Document per property the WWS points calculation, energy label and any deposit clause
5. Plan reviews: at every change of tenant fully recalculate; do not assume the old contract still covers everything
6. Set a fixed indexation moment for the whole portfolio (for example 1 July) so you do not have to run a separate round for each property

What Propty does here

In Propty, the current points calculation, the energy label with its expiry date, the deposit clause and the indexation clause are recorded per property. At every new letting, the maximum permitted rent is calculated automatically, you get a warning if the agreed rent exceeds the maximum, and the annual indexation is proposed automatically.

In addition, the contract template in Propty has been revised in 2026 to reflect all the changes mentioned in this guide, and is automatically populated based on the property profile at every new letting.

Book a short demo to see how contract management works in a dashboard, or read on in the rental contract checklist as a quick reference for your next letting.