Tenant rights: landlord personal use - who pays? Netherlands

As a tenant in the Netherlands you may face situations where the landlord wants to use the rented property for personal use. This raises questions about who pays for moving costs, damage or temporary double rent and whether the landlord may give notice because of personal use. In this article we explain in clear language what your rights are, what conditions the law sets and which steps you as a tenant can take. We also discuss possible compensation, how to gather evidence and when you can involve the Rent Tribunal or the court. This gives you practical advice to protect your position as a tenant and make informed choices.

What does personal use mean?

Personal use means the landlord wants to occupy the property themselves or have it occupied by a family member. The law in Book 7 of the Civil Code sets limits on when and how a landlord can give notice because of personal use.^[1] The ground for termination must be serious and concrete; a vague intention is usually not enough.

Who pays what?

• Moving costs: landlords often try to agree on compensation, but this is not automatically regulated by law.
• Double rent or temporary housing costs: in some cases the landlord (or court) may be required to pay part of the extra housing costs.
• Repair of damage: damage caused when vacating or transferring is usually the responsibility of the party that caused the damage.
• Compensation for moving costs or loss of use: this depends on the circumstances and burden of proof.
• When the tenant is liable: if the tenant breaches the contract, costs for repair or vacating can be charged to the tenant.

Rights and steps for tenants

If you receive a notice for personal use, check whether the landlord has specified the reason clearly and whether the deadline is correct. Gather evidence, communicate in writing and ask for reasonable compensation or postponement if necessary. You can request advice or a ruling from the Rent Tribunal about rent and service charges; other disputes may go to the district court.^[2]

Frequently asked questions

Can the landlord evict me immediately if they want personal use?

No, the landlord must follow the correct termination procedure and have a valid ground for termination.

Am I entitled to compensation for moving or double rent costs?

That depends on the circumstances; sometimes a court or landlord grants compensation, but it is not automatic.

When can I go to the Rent Tribunal?

The Rent Tribunal usually handles disputes about rent level and service charges; other matters may be for the district court.

What should I do if I disagree with the notice?

Collect evidence, respond in writing and consider legal assistance or a court procedure.

How-To

1. Check the notice and note the date, reason and term.
2. Collect evidence: photos, contract, correspondence and proof of extra costs.
3. Contact the landlord to negotiate postponement or compensation.
4. If necessary, submit a complaint or request to the Rent Tribunal or start a case at the district court.
5. Ensure you can present evidence and cost overviews during legal proceedings.

Help and Support

• Huurcommissie - procedures and forms
• Wetten.overheid.nl - Civil Code Book 7
• Government.nl - information for tenants

1. [1] Wetten.overheid.nl — Civil Code Book 7
2. [2] Huurcommissie — official complaints and procedures
3. [3] Government.nl — information for tenants