A rental contract sets out the rights and obligations of both tenant and landlord. But what must it legally contain? And what major changes apply in 2026? We explain everything.
A rental contract is the legal document that defines the relationship between tenant and landlord. It sets out the rent, the duration of the tenancy, the rights and obligations of both parties — and provides protection when things go wrong. Yet many tenants don't know exactly what the law requires to be in a rental contract, or what rules apply when ending a tenancy.
In 2026, Dutch tenancy law has changed significantly in several areas. Anyone signing a rental contract today is subject to different rules than just a few years ago. Here's everything you need to know.
Permanent contracts: the norm since 1 July 2024
One of the most significant changes to Dutch tenancy law is the Fixed Rental Contracts Act (Wet vaste huurcontracten), which came into force on 1 July 2024. Since then, the default is clear: new tenants receive a contract for an indefinite period. Landlords may no longer offer fixed-term contracts, except in a limited number of exceptional circumstances.
This was a deliberate policy decision: short-term contracts had created insecurity for tenants and were frequently misused to circumvent rent price protection. The new law has significantly strengthened tenant protection for the majority of renters.
When is a temporary contract still allowed?
Temporary rental contracts haven't disappeared entirely, but they are subject to strict conditions. A fixed-term contract of maximum two years is still permitted in the following situations:
- Students temporarily renting in a different municipality for their studies
- Renovation: tenants temporarily living elsewhere during renovation works on their home
- Social emergency housing: tenants transitioning out of emergency accommodation
- Second chance: tenants receiving a fresh start after a previous contract ended (for example, following a disturbance)
- Young people aged 16–27 taking over a rental after the death of a parent or guardian
- Separation: temporary housing need following a break-up, to remain close to children
- Wadden Islands: employees temporarily working on a Wadden Island while residing on the mainland
- Permit holders recently leaving a COA (asylum seeker centre) accommodation
If a temporary contract is extended, it automatically becomes an indefinite contract.
What should a rental contract contain?
A valid rental contract must include at least the following elements:
- Details of tenant and landlord — names and addresses
- Address of the rental property
- Base rent per month
- Service costs — if charged, a detailed breakdown is mandatory
- Deposit — amount and conditions for return
- Start date of the tenancy
- Contract type — indefinite period, or fixed-term with an end date
- Indexation clause — how and when the rent may increase annually
- Notice periods for both tenant and landlord
- Maintenance responsibilities — major maintenance for the landlord, minor maintenance for the tenant
- House rules — agreements on pets, smoking, subletting and alterations
Note: from 1 July 2026, new rules on service costs apply under the Modernisation of Service Costs Act. Landlords may only charge service costs for items explicitly listed on a statutory list. Always verify that the service costs in your contract comply with current legislation.
Deposit: a maximum of two months
A landlord may ask for a deposit when signing a rental contract, as security against damage or unpaid rent. By law, the deposit is capped at two months' base rent — this applies to contracts signed from 1 July 2023 onwards.
After the tenancy ends, the landlord must return the deposit — unless there are justified deductions, such as damage beyond normal wear and tear or outstanding rent. Always record the condition of the property in a detailed inspection report with photos at the start of the tenancy, to prevent disputes later.
Rent increases: what are the rules?
In the free sector, landlords may increase the rent annually, but increases are legally capped. In 2026, the statutory maximum for existing free-sector contracts is 4.4%. This applies to ongoing contracts; for new contracts, landlords are free to set the starting rent in the free sector.
In the social and mid-market sector, separate maximum percentages apply, set by the government annually. The current limits can be found at rijksoverheid.nl.
The indexation clause in your contract specifies which index the annual increase is based on — usually the Consumer Price Index (CPI) — and on which date it takes effect. This is often 1 July or the contract's annual anniversary date.
Notice periods: rules for tenant and landlord
As a tenant, you may end an open-ended contract at any time. The notice period is usually one calendar month — equal to the payment interval in the contract. You don't need to give a reason. Notice can be given by registered letter or by email, provided you receive a confirmation of receipt from the landlord.
As a landlord, far stricter rules apply. The minimum notice period is three months. For each year the tenant has continuously lived in the property, the notice period is extended by one month — up to a statutory maximum of six months.
Tenant protection: when may a landlord terminate?
A landlord may not simply end an indefinite-term tenancy. Termination is only valid on one of the following five statutory grounds:
- Default — the tenant fails to meet their obligations (rent arrears, disturbance, improper use of the property)
- Diplomatic clause — the owner returns after temporary absence abroad, provided this clause was explicitly included in the contract
- Urgent personal use — the landlord urgently needs the property for themselves (demolition, renovation or allocation to a specific target group can also apply)
- Refusal of a new agreement — the tenant refuses reasonable changes to the rental agreement (a rent increase alone is not a valid ground)
- Zoning plan — a construction project required under the applicable zoning plan means the property must be vacated
Termination on other grounds — such as simply wanting to sell the property — is not legally permitted. A tenant can challenge such a termination before a judge.
Tips when signing a rental contract
- Read everything before you sign — including the small print. Ask for clarification on any unclear provisions.
- Check the service costs — always ask for a detailed breakdown and verify whether the amounts are reasonable.
- Record the property's initial condition — take photos and draw up an inspection report together with the landlord at key handover.
- Note the indexation clause — which index is the annual rent increase based on, and on which date does it take effect?
- Check the contract type — indefinite or fixed-term? And if fixed-term, is it legally justified?
- Put all agreements in writing — verbal assurances from the landlord are difficult to prove if they're not on paper.
Not sure about the content of a rental contract? A tenant agent (aanhuurmakelaar) routinely reviews contracts for legal pitfalls and advises you where needed.
Conclusion
A rental contract covers much more than just the rent. It determines how long you can stay, what your rights are when the rent increases, and when a landlord may legally end the tenancy. Thanks to the Fixed Rental Contracts Act of 2024, tenant protection in the Netherlands has been significantly strengthened: most new tenants now receive an open-ended contract from day one.
Want to be sure your rental contract is in order? Urbs Living guides tenants through the entire process — from property search to contract review and key handover. Get in touch without obligation.
