Landlord Amsterdam beware, risk of high fines

Since the introduction of the Wet goed verhuurderschap (Wgv) and the Wet betaalbare huur (Wbh), the rules for renting in the Netherlands have been tightened considerably. There are many obligations and prohibitions for landlords nowadays and the rent has also been restricted for a large part of the apartments. As of Jan. 1, 2025, municipalities have also begun enforcing these rules.

In Amsterdam, the municipality has adopted a strict enforcement policy, with landlords who violate the law facing direct fines and periodic penalty payments. In Amsterdam, rent restrictions for the middle rent are also very relevant. Amsterdam is known for having very high rents, even for small apartments and studios.

Ignorance of regulations is no excuse: landlords are expected to know and comply with the law. What does this mean for private and smaller professional landlords? And how do you avoid unknowingly breaking the rules? In this article, we explain.

What does the enforcement policy entail?

The City of Amsterdam has established an escalation ladder to address violations of the Wgv and Wbh. This means that there are different levels of enforcement depending on the severity of the violation. In many cases, it starts with a warning, step zero and gradually escalates to the pressure of coercion, fine and possibly even the forced takeover of the rental relationship.

For serious violations however, heavy fines and penalties are imposed immediately (!). Examples include:

• discrimination in the selection process (direct administrative fine + periodic penalty);
• tenant intimidation (direct administrative fine + penalty);
• excessive rents in the highest (4th) category, > 50% higher than the maximum allowed according to the point system (immediate administrative fine and enforcement measures). This would already be the case, for example, if a studio for which, according to the WWS system, a maximum of € 950,- should be asked for a rent of € 1,500,- has been agreed, in Amsterdam something that has happened quite regularly;
• Failure to provide the WWS point count (per-day penalty until corrected);
• Unlawful security deposits (penalties and periodic penalty for adjustment).

Probability of intervention real, tables with amount of fines

Amsterdam mentions in its enforcement policy that active monitoring is among the possibilities. Also, Amsterdam is one of the municipalities that has made extra budget available for this enforcement task. This means that a violation in Amsterdam may be detected more quickly, and the consequences are immediate.

The periodic penalty payments and fines imposed per violation are also not insignificant. In its enforcement policy, the municipality of Amsterdam has published tables, which list the amount of penalty payments and administrative fines to be imposed for the various violations of the rules of the Wgv and Wbh.

Landlords need to know the rules – no excuses

The council clearly states, “I didn’t know” is not a valid argument. Landlords have a personal responsibility to be aware of applicable laws. This means that you must not only have a legally correct lease, but also:

• must follow a transparent and fair selection process
• Must inform tenants in writing of appropriate rent and rent increases
• Must correctly calculate and provide the WWS points of the home
• You may not intimidate or exert unwanted pressure on tenants

The City of Amsterdam expects landlords to act proactively. Violations are punished harshly and repeated violations can even double fines (repeat offender fine of 200%). In extreme cases, the municipality may even decide to take over management of the property, in which case you will completely lose control over the rental.

Avoid notifications and legal problems

Because enforcement will mostly be reactive, it is crucial to prevent tenant complaints. A report from a tenant can lead directly to enforcement proceedings. Therefore, it is important to make your rental process legally sound.

We advise that you ensure that all contracts and communications with tenants are drafted correctly, avoid conflicts by transparent, honest and well-informed rental behavior. You can also best prepare for a possible audit by the municipality or the Rent Tribunal.

If you are facing complaints from your tenants, because of strict enforcement policies, it is no longer smart to delay and hold off. You must immediately address complaints as proactively as possible. In doing so, advice on what is and is not mandatory is great to have.

What can you do? Get in touch!

Are you a private or professional landlord and do you want to make sure you comply with the Wgv and Wbh? Avoid fines, penalties and legal problems. Or are you already facing complaints from tenants? Then don’t wait!

Our specialized lawyers are happy to advise you on your rental policy and help you manage the process surrounding complaints to avoid administrative enforcement.

Contact one of our attorneys by email, phone or fill out the contact form for a no-obligation initial consultation. We are happy to think with you.