Without a lease: navigating tenant rights

Are you renting a home without a lease? It happens more often than you think. In the Netherlands many people rent a house, and usually this is neatly recorded on paper. But what if it is missing? Then it's good to know that you - and your landlord - still have rights and obligations under the law.

On this page we explain what a lease is, what happens if nothing is in writing, and how you as a tenant are still protected. You can also read when it is wise to seek legal advice.

A lease is actually a paper agreement between you and the landlord. It states, for example:

• how much rent you pay
• who is responsible for maintenance
• how and when the lease ends

This contract ensures that both you and the landlord know where you stand. Without such a contract, things can go wrong more quickly because not everything has been clearly agreed.

There are roughly two main types of lease in the Netherlands:

• For a specified time (with end date)
• indefinitely (continues until someone cancels)

In addition, there are special contracts, such as:

• short-stay for temporary living
• campus contracts for students
• vacancy contracts for temporary use

If nothing is in writing, you are more likely to get into arguments about what was or was not agreed upon. Consider:

• exactly how much rent you have to pay
• Who needs to repair a broken faucet or other defect
• when you have to move

It is also more difficult to prove what was agreed upon because there is nothing in black and white.

But beware: even without a written contract, you have rights as a tenant. For example, a landlord may not evict you without good reason. Does that threaten to happen anyway? Then seek legal advice immediately.

Even without a lease, you have important rights in the Netherlands. The law protects tenants, precisely to prevent you from being thrown out on the street just like that. Important rights include:

• right to peaceful living
• right to repairs when something is broken
• protection against wrongful eviction

It is, however, important to record everything yourself as well as possible. Consider:

• Keep proof of rental payments (bank statements, receipts)
• write down arrangements with the landlord (e.g., by email or app)
• Keep messages from the landlord, especially in case of conflicts

This information can be of great value if a disagreement arises or if you have to go to a legal desk, Rent Commission or judge.

No written contract often creates ambiguity. Common problems include:

• rent increase you disagree with
• lack of clarity about who should pay for repairs and maintenance
• appointments that suddenly turn out to be different than you thought

This can have major consequences during the lease, especially if your landlord suddenly makes different demands or threatens to terminate the lease.

In the Netherlands, you as a tenant are protected by the law - even if there is nothing on paper. The rules about rent law are in the Civil Code. For you, that means, among other things:

• you have the right to continue living in the property as long as the lease is valid
• you are entitled to necessary repairs by the landlord
• You are protected from unreasonable rent increases

Do you still get into trouble with your landlord? Then you can seek advice from, for example:

• the legal desk
• The Rent Team in your municipality (if there is one)
• The Rent Commission (in rent disputes, for example over rent or service charges)

A written contract is safer, but no contract doesn't mean you have no rights. Make sure you keep everything so you have proof if needed.

No written lease almost always creates additional risks and misunderstandings. This is precisely why it is wise to seek legal advice, especially if tension or arguments arise with your landlord.

Legal help can help you with, for example:

• arrears and rent collection
• argument or disagreement with your landlord
• questions about (imminent) eviction or payment problems

It gives peace of mind to know exactly what your rights are - especially if there is nothing in writing. Don't wait for things to escalate, but have your situation assessed by a specialist in time.