Problems with Renting in the Netherlands
There is always a chance that the tenant and landlord will disagree with one another and problems will arise. You should always try to solve any difficulties amicably, but if it is impossible to find a solution you may wish to consider asking the Rental Commission or the Cantonal (local) Judge for assistance. You can also approach the Rights Organisation.
Rental Commission
The Rental Commission is an independent organisation that helps to solve conflicts between landlords and tenants. It is easier to go to the Rental Commission than the Cantonal judge. Most issues can be solved by the Rental Commission, and their verdict is always respected: therefore, disputes are settled more quickly. They are available for questions from both landlords and tenants. The majority of cases concern the quality of the property in some way, perhaps because the rent is not in line with the points system.
Before the Rental Commission will consider a case the applicant has to pay €11, known as 'lege' (a sort of fee). After the 'lege' has been received the Rental Commission will start to analyse the case. Subsequently, a report is drawn up and made available to both the landlord and tenant. After this report, the landlord and tenant are invited to attend a public hearing, where both parties receive an explanation of the report and are able to ask questions. Afterwards, the Rental Commission reaches a decision. Members of the Rental Commission have a lot of knowledge about the rental market.
Often they work for tenants' associations or building corporations. The Rental Commission is chaired by a specialist who has studied the law. In the Netherlands there are fifty-nine Rental Commissions, which can be contacted by post or telephone:
Huurcommissie
Postbus / PO Box 16495
2500 BL Den Haag
The Netherlands
Telephone number: +31 (0)800 4887243
Cantonal Judge
If the Rental Commission is unable to solve the case, you can approach a cantonal judge for help. The cantonal judge judge evaluates cases according to civil and criminal law, and is recognised as a part of the Dutch court. Rental conflicts fall into civil law. If you believe that you have a reasonable argument you can choose to go to court, perhaps with the assistance of a solicitor. In general the judgement of the Cantonal judge is absolute. You can however dispute the validity of a judgement at the Court of Justice if your lawyer advises you to do so.
Rights Organisation
There is usually a Rights Organisation, a 'rechtswinkel' (literally a 'rights shop'), in each of the larger Dutch cities, where you can go for legal advice. You may be entitled to a free consultation, or be asked to pay a small fee. You will speak to a Rights Organisation volunteer, who will have knowledge of the rental market in the Netherlands. Advisers are available for meetings during consultation hours, or via the telephone. If a conflict can be solved easily, the Rights Organisation will prosecute the party at fault. If the conflict is particularly complicated, you may be referred to the law office for further assistance.
