Unreasonable Rent Increase in Rotterdam: Your Rights as a Tenant
A rent increase can significantly impact your monthly budget. But when is a rent increase considered unreasonable? And what can you as a tenant in Rotterdam do to protect yourself against an excessively high increase? In this article, we discuss the statutory rules surrounding rent increases, what is considered unreasonable, and how you can take action.
When is a rent increase unreasonable?
A rent increase is considered unreasonable if it exceeds the statutory limits or is not in line with the condition and value of your dwelling. In the Netherlands, different rules apply to social housing (up to the liberalisation threshold) and liberalised housing (above that). For social housing, the government sets a maximum percentage for increases each year, while for liberalised housing, the agreements in the contract are leading, within reasonable limits.
Statutory rules in the Civil Code
The legislation on rent increases is set out in Book 7 of the Civil Code (BW), specifically in articles 7:252 and following. These rules determine the rights and obligations of tenants and landlords. Article 7:252a BW stipulates that rent increases for independent living spaces may only take place in accordance with the law. For liberalised housing (article 7:253 BW), the rent is free, but increases must be reasonable and contractually agreed.
Maximum rent increases 2024-2025
For social housing, the following maximum percentages apply:
| Year | Maximum increase (standard) | Maximum increase (higher incomes) | Statutory basis |
|---|---|---|---|
| 2024 | Inflation + 1.5% | Inflation + 2.5% | Implementation Act on Rent Prices for Housing |
| 2025 | Inflation + 1.0% | Inflation + 2.0% | Implementation Act on Rent Prices for Housing |
| Liberalised | As per contract | As per contract | Civil Code 7:253 |
| Social (max) | Up to liberalisation threshold | Up to liberalisation threshold | Civil Code 7:252a |
Important: Landlords of social housing may apply a higher increase percentage for tenants with a higher income, as determined annually by the government.
Criteria for an unreasonable rent increase
A rent increase may be unreasonable in these cases:
1. Above the statutory limit
If the landlord demands a higher percentage than permitted for social housing, you can object to this.
2. No proper notice
According to article 7:254 Civil Code, a rent increase must be notified in writing at least two months in advance. Failure to comply renders the increase invalid.
3. Quality of the dwelling not in proportion
If your dwelling is in poor condition or requires maintenance, a rent increase may be unjustified. You can challenge this with the Rent Tribunal.
4. Multiple increases in one year
For social housing, only one increase per year is permitted, often as of 1 July, as stipulated in the contract.
5. No actual improvements
If a rent increase is based on improvements that have not been carried out or are of low quality, you can file an objection.
Actions against an unreasonable rent increase in Rotterdam
If you are faced with an unreasonable rent increase in Rotterdam, follow these steps:
Step 1: Check the rules
Determine whether your dwelling is social or liberalised and whether the increase falls within the statutory limits. Information on maximum percentages can be found on the Government website.
Step 2: Contact the landlord
If you believe the increase is unjustified, first discuss this with your landlord and request an explanation or adjustment.
Step 3: Seek assistance
If you cannot reach an agreement with the landlord, you can seek help from the Juridisch Loket Rotterdam (Westblaak 180) for free advice. You can also submit a case to the Rent Tribunal or, if necessary, the District Court of Rotterdam (Wilhelminaplein 100-125).