Can you claim hidden fees back?

Tenant, demand banned charges back!

At Fruytier, we see it quite often. Tenants still regularly face questionable brokerage fees when entering into a lease, despite a Dutch Supreme Court injunction nearly a decade ago.

In this article, I’ll give you a brief explanation of prohibited charges in rentals and explain why this has proven to be such a persistent problem, one that keeps popping up when the market is tight.

Legal framework: the prohibition of key money

According to Article 7:417 (4) of the Civil Code, mediation fees may not be passed on to the tenant in this situation.

In addition, asking for so-called ‘sleutelgeld’ (a fee to gain access to a rental property) is prohibited by Article 7:264 of the Dutch Civil Code, which prohibits unreasonable clauses in rental contracts. If such fees are nevertheless charged, tenants can recover them through the subdistrict court.

Practical obstacles for tenants

Although the law is clear, tenants encounter practical obstacles in challenging these charges. The Huurcommissie, the informal and cheap institution normally involved in resolving most disputes between tenants and landlords, has no jurisdiction to assess mediation fees or key money, leaving tenants to go to the subdistrict court. These can be costly and prevent many tenants from standing on their rights, especially since the amounts demanded are often limited to a few hundred euros.

The Dutch Consumer & Market Authority (ACM) also cannot take action against unjust mediation fees. As a result, the ball is entirely in the tenant’s court.

Moving? Send a letter

Furthermore, a common factor that causes hesitation is that refusing to pay the fees causes a worsening of ties with the landlord. This is certainly quite understandable. After all, as a tenant, you depend on your landlord for repairs in your home, for example.

However, don’t forget that you will also be moving again at some point. It is often possible to recover prohibited ‘sleutelgeld’ and brokerage fees at the end as well, depending on how long ago it was that you paid the fees.

So don’t just assume it’s too late. Don’t just leave it at that.

A lot of little bits

There is usually much more going wrong with rogue landlords and brokerages who claim prohibited fees. Already having a discussion about the return of the security deposit? Then just include these prohibited costs in the discussions!

We see that the accumulation of several smaller items makes it more worthwhile for tenants to take the step to the district court in the end.

Before the district court, you can litigate on your own. You do not need a lawyer to represent you, the threshold is deliberately low. Still, help can be nice, we are here for you. We are happy to help you get your case on track by assessing your case and writing to the landlord on your behalf. Not infrequently, a firm letter can achieve quite a result. It can amount to receiving thousands of euros.

Conclusion

Despite the legal ban, abusive practices around mediation fees and key money continue to exist due to the structural tightness in the housing market. The lack of effective enforcement and the high threshold for legal action perpetuate the problem.

Don’t let it happen to you, take action, stand up for your rights! Can’t figure it out yourself? Then contact  us immediately via email or telephone without obligation, and one of our experienced rental law attorneys will be happy to help you on your way!