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Tenancy law
Tenancy law lawyer in Tilburg
Rent arrears, nuisance, illegal subletting, or a contract that turns out not to comply with Dutch law. I act for landlords and tenants of homes and commercial premises in Tilburg and the surrounding area. Having worked for years with a bailiff organisation that handled rent collection daily, the non paying tenant holds few secrets for me.
If you are renting in the Netherlands as an international
Dutch tenancy law protects tenants far more strongly than most newcomers realise, and a clause in your contract does not override the law. A few things worth knowing.
Your deposit must be returned. A landlord may deduct only for damage beyond normal wear and tear, and must be able to substantiate it. If no inspection report was made at the start of the tenancy, the landlord is in a weak evidential position, not you.
Since 1 July 2024 fixed term contracts for residential accommodation have largely been abolished. Permanent contracts are the norm again and tenants enjoy security of tenure from day one, with a limited number of exceptions including students. A contract labelled temporary is not automatically temporary.
Rent for social sector accommodation can be tested by the Rent Tribunal, and service charges must be itemised and justified. Many international tenants pay all in rents that would not survive that test.
What I help with
Rent arrears
With commercial property these mount quickly. I collect the arrears and push through to dissolution and eviction where necessary.
Deposits and end of tenancy
Deposits withheld without grounds, disputed damage, and disagreement about the condition in which the property must be returned.
Nuisance and misuse
Intimidation, noise, odour, cannabis cultivation. A tenant behaving this way is not acting as a good tenant, which has consequences.
Illegal subletting
Subletting without consent. Dissolution is possible, often together with a claim for the profit the tenant made from it.
Tenancy agreements
Drafting, amending and reviewing contracts for residential and commercial premises, including standard ROZ models.
Rent review and assignment
Rent testing, rent changes in cases of defects or renovation, and assignment of a lease on a business transfer.
Frequently asked questions
My landlord will not return my deposit. What can I do?
Send a written demand with a clear deadline, and keep everything in writing. A landlord may deduct only for damage beyond normal wear and tear and must substantiate it. Without a check in report at the start of the tenancy, that is hard to do. If the deadline passes without payment, the claim can be pursued as an ordinary debt, with statutory interest and collection costs added.
Is my fixed term contract actually valid?
Since 1 July 2024 fixed term contracts for residential accommodation are in principle no longer permitted. Permanent contracts are the norm and tenants have security of tenure from the start. Exceptions are set out in a specific government decree and cover groups such as students and people housed temporarily during renovation. A label on the contract does not decide the question, the law does.
How much rent arrears before a landlord can evict?
For residential property the courts generally work with a rule of thumb of three months of arrears before dissolution is granted. That is not a statutory rule but it is the pattern in case law. For commercial premises dissolution follows more readily. Proper documentation and timely formal demands matter a great deal.
Can my landlord raise the rent whenever they like?
No. It depends on the type of accommodation, what the contract says, and whether there are defects or renovation involved. For regulated residential accommodation there are statutory limits and a route to the Rent Tribunal. For commercial premises the contract governs, with a separate procedure for reassessing the rent.
Do I need to speak Dutch to bring a case?
No. I work with you in English and handle everything in Dutch on your behalf. Court documents are in Dutch, but you do not need to read or write them yourself.
Looking for a tenancy law lawyer?
The first conversation of up to one hour is free and without obligation. At my office, at your home, or by phone.