How can I avoid scams when looking for a rental property?

In general, the minimum rental period for an unfurnished dwelling is one year, but sometimes a shorter lease is possible.
It is also standard that the tenant will get a diplomatenclausule (diplomatic clause). This means that if, on account of his/her work, the tenant will be transferred to a place 50 km or more removed from the premises or if he/she has to leave the premises for reasons beyond his/her control, the tenant is entitled to terminate this agreement prematurely. In this case, the tenant has to give the owner one to two full calendar months’ notice.

Rent is due before the first day of each month, and you pay it either directly to your landlord or to an agency that operates between you and the landlord.

Legally, the length of time required to terminate your contract is equal to the regular time period for which you pay your rent. For example, if the rent is paid every month, then the termination period for your contract is also one month. The period of termination may not be less than one month or more than three months.

When you sign the lease on a property, you often have to pay one month’s rent in advance as a deposit or a bank guarantee will be needed when renting a house. This amount is refunded if the house is in a satisfactory condition at the end of your stay.

Usually the tenant does not have to pay a commission fee. If a rental agent works for both the tenant and landlord, he is not allowed to charge a commission to a tenant. He has to charge the landlord for this.

A rental agent is only allowed to work for both tenant and landlord if the tenant agrees with that in writing. There are two exceptions to the rule that tenants do not need to pay a commission:

• The rental agent assists in finding the so called ‘onzelfstandige woonruimte’, i.e. housing without your own front door (such as student rooms) and/or without exclusive use of a kitchen, bathroom and toilet
• If a rental agency is not working for the landlord, but only for the tenant. In these situations, it is allowed to ask a commission from the tenant

ACCESS cannot offer legal advice directly. However, the following organisations can assist you concerning disputes with your landlord:

In many cases, the utilities (gas, water and electricity) will already be available in your home and you only need to transfer them into your name. Your makelaar (real estate agent) will usually help you with transferring contracts of your new home to your name. We suggest you to bear in mind the following:

• Note and check the meter readings when moving into another house as bills are based on the previous year’s consumption for the property. Discrepancies are corrected at the end of the year and refunds or additional bills are issued accordingly
•  Gas and electricity are both supplied by the same provider; water is arranged separately
• If the rent is inclusive, check your contract carefully for what is covered

Should you need to set up a account see below the pre-requisites:

• A passport or ID card (proof of identity)
• Proof of occupancy (rental contract, house deeds)
• A bank statement or proof of residence available from the municipality’s personal records database (Basisregistratie Persoonsgegevens (BRP))

Please note that he Dutch energy market is privatised, thus enabling you to choose or change your supplier. Regulatory authorities ensure fair practices and tariffs.

Products, tariffs and services may vary from company to company. Should you decide to change company, remember to check and be aware of the conditions for cancelling a contract or switching providers. Here some tips for choosing a service provider:

• Check the term of your contract to know when you can switch for free. If you want to switch immediately check the cost of doing it before the term in the contract ends
• Check what you’re paying for electricity and gas as opposed to what you consume
• Compare the prices and contracts of various energy companies
• Determine whether you want the contract for a definite period or indefinite
• Check whether you want grey or green energy
• Check whether you have a fixed price or variable price to pay
• Keep an eye on special promotions or discounts
• Check the terms and conditions of the contract carefully
• Check whether there are any hidden costs, for example, energy tax, standing charges and transportation costs
• Check the payment options, for example what is the cost of paying by giro

Useful links

Landlords and rental agents  should follow certain rules and take care of the tenant’s rights.

The most important rules are: 

• Landlords and rental agents have a clear procedure as to how the allocation of tenants works and the grounds on which someone is accepted or rejected as a tenant. Any kind of intimidation or physical threatening is forbidden, e.g. it is not allowed to threaten non-repayment of the deposit.
• The deposit is a maximum of twice the monthly rent and must be paid back within two weeks after the rental agreement has ended.
• The rental agreement must be put in writing.
• The landlord or rental agent must inform the tenant in writing about their rights and obligations.
• Any service fees should be reasonable and permitted by law.
• If required by the municipality, the landlord must have a licence to rent out a property

Municipalities have the authority to supervise this and take measures if anyone doesn’t follow the rules.