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Rental Law

Rent increase: what are the legal rules?

Rent cannot simply go up. Read which limits apply and what the maximums are for 2026.

Team HuurCheckie · 15 January 2026 · 4 min
Team HuurCheckie15 January 2026

Updated: 7 October 2026

A letter from your landlord says the rent is going up. A landlord may not simply raise the rent. There are maximums, conditions and deadlines, and they differ by type of rent. This article gives the maximums according to the Huurcommissie (Dutch Rent Tribunal) and explains what to look at.

The maximums are set annually. The percentages below come from the Huurcommissie policy handbooks (version of 1 July 2026). Before you respond, always check that they still apply on huurcommissie.nl or rijksoverheid.nl.

1. Which maximums apply?

  • Social sector, self-contained home: from 1 July 2026 to 1 July 2027 at most 4.1% if the basic rent is € 350 or more per month. If the basic rent is below € 350 per month, the maximum is € 25.00.
  • Room (non-self-contained), mobile home or pitch: at most 4.1% in the same period. There is no income-related increase here.
  • Mid-market sector (contract from 1 July 2024 or later, rent between the social rent limit and the deregulation limit): at most collective wage growth plus 1%. For 1 January 2026 to 1 January 2027 the Huurcommissie states 6.1%. An increase is only possible if your contract contains a rent increase clause.
  • Deregulated sector: at most the lower of inflation or collective wage growth, plus 1 percentage point. For 1 January 2026 to 1 January 2027 the Huurcommissie states 4.4%. A rent increase clause is needed here too. The Rent Increase Cap Act (Wet maximering huurprijsverhogingen) that goes with this has been extended to 1 May 2027.

An increase above the legal maximum is void for the excess (art. 7:248(3) Dutch Civil Code). The rent may also only go up once every twelve months (art. 7:251 Dutch Civil Code).

2. The Affordable Rent Act and your rent

Since 1 July 2024 the WWS (the points system) is mandatory up to and including 186 points. If the rent for such a home is above the maximum that belongs to the points, the excess is not valid. The deregulation limit in 2026 is € 1,228.07 (Rijksoverheid). A points calculation is therefore relevant for a rent increase too: if your rent is already above what the points allow, that says something about the whole rent, not just the increase.

3. What to look at in the letter

For the social sector the law prescribes what a proposal must contain (art. 7:252 Dutch Civil Code):

  • In time and in writing: the proposal must be made at least two months before the effective date. For a 1 July effective date it must be sent by 30 April. If it was sent later, the Huurcommissie moves the effective date.
  • The content: the current basic rent, the percentage or amount, the new basic rent, the effective date, and an explanation of the objection procedure and what happens if you do not object.
  • The percentage: does it stay within the maximum for your type of rent (see above)?
  • Income-related increase: only possible for a self-contained home in the social sector, on the basis of art. 7:252a Dutch Civil Code. The landlord must then enclose an income indication from the Belastingdienst (Dutch Tax Administration). The amount is at most € 50 (higher middle income) or € 100 (high income), provided the maximum rent limit of the home is not exceeded. If that indication is missing, or you live in the deregulated sector, that is a red flag.

4. What happens if you object?

A proposal is not yet an increase: in the social sector the increase only comes about if you agree, for example by paying the higher rent without objecting. If you object in writing before the effective date, the landlord must ask the Huurcommissie to assess the proposal within six weeks after the proposed effective date. If the landlord does not, or is too late, the old rent stays in force. If you already pay the higher rent, that does not count as consent as long as you objected in writing in time. In the mid-market sector you can go to the Huurcommissie yourself within four months after the effective date if the increase exceeds the maximum or the agreed percentage.

5. "But my contract has an indexation clause"

Many contracts contain an indexation clause, sometimes with a surcharge on top of CPI. On 29 November 2024 the Dutch Supreme Court (ECLI:NL:HR:2024:1780) ruled that the surcharge clause and the indexation clause are assessed separately for unfairness, taking their combined effect into account. According to the Supreme Court a surcharge of at most 3 percent is in principle not unfair, but additional circumstances can change that. On 10 March 2026 the Amsterdam Court of Appeal (ECLI:NL:GHAMS:2026:619) held that even a surcharge of at most 3 percent can be unfair in a specific case, expressly departing from the Supreme Court. In a later judgment of 26 May 2026 the court returned to the main rule that at most 3 percent is in principle not unfair. On 12 June 2026 the Amsterdam District Court adopted the stricter line: a surcharge of 3 percent or more on top of CPI indexation is unfair there.

Please note

If a surcharge clause is unfair, the landlord cannot base a rent increase on it, neither for the past nor for the future. Surcharge increases already paid may have been paid unduly. On 28 April 2026 the Amsterdam District Court referred questions to the Court of Justice of the EU. Until those are answered the position is uncertain and may change. Have your clause assessed.

6. What can you do?

  1. Check the percentage, the notice and the basis in the contract.
  2. Respond in writing and before the effective date if you disagree, and explain why.
  3. If needed, take your dispute to the Huurcommissie. See huurcommissie.nl for the procedure and the deadlines.

Sources: Huurcommissie, policy handbook on rent increases and rent reductions (version of 1 July 2026), chapters 2, 3 and 5; Rijksoverheid, indexation of maximum rent limits 2026 (25 November 2025); art. 7:248 to 7:253 Dutch Civil Code; the judgments mentioned.

This article is general information, not legal advice. Rules change and your situation may differ. In doubt? Ask a lawyer, the Juridisch Loket or the Huurcommissie (Dutch Rent Tribunal).

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