Understanding Dutch rental contracts: fixed-term vs indefinite, deposit rules, and what to watch for (2026)
Fixed-term vs indefinite: what's the difference?
Since 1 July 2024, the Fixed Rental Contracts Act has been in force. This law makes indefinite-term rental the standard for new tenancy agreements in the Netherlands. In practice, new tenants should receive an indefinite contract unless a legal exception applies, such as student housing, target-group contracts, owner-occupancy, holiday lets, or the Vacancy Act.
If a temporary contract ends and the landlord does not give written notice in time (1–3 months in advance), the contract automatically converts to an indefinite lease. Extending a temporary contract is only allowed if it stays within the maximum duration (2 years).
Deposit rules in 2026: what is and isn't allowed?
Since 1 July 2023, all new rental contracts have a legal maximum deposit of 2 months' basic rent (excluding service charges). The landlord must return the deposit at the end of the tenancy, provided there is no damage or outstanding costs. Interest on the deposit is not mandatory unless explicitly stated in the contract.
Example: if the basic rent is €1,200, the maximum deposit is €2,400.
Note: some landlords try to calculate the deposit based on total rent (including service charges), but this is not permitted.
What to check before signing
Always read the contract yourself or have it reviewed by a lawyer or the Rent Tribunal (Huurcommissie). Ask for a copy of the WWS report to verify the rent and check that the deposit is correct. Ensure written agreements on maintenance, service charges, and notice periods. Keep all documents.
Common issues include unclear termination clauses, excessive deposits, missing WWS point scores, and temporary contracts without a valid reason. These can lead to legal disputes, unnecessary costs, or an unsafe living situation.
Work with a good rental agent
Dutch rental law is complex and changes frequently. A good rental agent knows the latest legislation, can review contracts critically, and helps you avoid surprises. Rentzilla works with specialised rental agents who can help you secure a safe and fair tenancy agreement, so your rights are protected and you avoid unnecessary risks.
Questions about your rental contract or want to know how an agent can help? Use the Rentzilla chat and we'll connect you with a trusted agent!
