Unfair rent clauses: why thousands of tenants may get money back

Did you know that, as a renter, you may be entitled to money back? Read on to see if you qualify.

It all centres on unfair clauses regarding rent increases and recent legal rulings – to the benefit of renters.

Dutch courts, including the Supreme Court, have ruled that a clause in private-sector leases allowing an annual rent increase in line with the Consumer Price Index (consumentenprijsindex, CPI) plus a surcharge of up to 3% is, as a rule, not unfair.

A higher surcharge, though, may be deemed unfair: in December 2025, the Amsterdam Court of Appeal held a surcharge of up to 5% unfair.

“If you believe you paid too much based on an unfair rental clause, you can claim money back,” says Robert Berendsen, founder of Mr. Berendsen Advocaten in Amsterdam. “Many tenants don’t realise they have strong protections in this tight housing market.”

The high court rules

When the Supreme Court made that ruling in November 2024, it set a legal precedent: the CPI and the additional surcharge can be split, meaning that even if the CPI is legal, the surcharge can be seen as unfairly burdensome.

“Until then, that was deemed legally impossible,” says Berendsen of the fair-unfair division. “There was huge interest in the outcome of this case. Hundreds of thousands of tenants may be owed money. Which means potentially hundreds of millions of euros paid out. It has a huge economic impact.”

Most affected would be landlords, housing associations and investors, who would have to return the money.

DIY

Berendsen advises tenants to check their leases and see what surcharge on top of inflation the rent increase clause allows. If it’s more than 3%, enter your data into your AI program of choice and let modern technology do the rest.

“Enter the start date of your lease, the initial rent excluding service charges and every annual increase,” says Berendsen. “Then ask: ‘suppose the rent had only been increased with inflation each year, without the surcharge. What would the rent be today, and how much did I overpay?’”

Only the surcharge can be reclaimed; the inflation increases stand.

“If you believe you are owed money for the unfair surcharges only, write a letter to your landlord. If they don’t react or decline, says Berendsen, you (the tenant) can take the claim to the subdistrict court (kantonrechter). In all cases concerning a lease, even those brought by a landlord, the court must check whether the surcharge clause is unfair, even if the tenant does not raise the issue.”

The future

In July 2026, the Amsterdam District Court referred questions regarding “the splitting of the rent change clause and whether the clause is unfair or not” to the Court of Justice of the European Union in Luxembourg in the cases of 19 tenants seeking a refund.

While any decision is likely years away, Berendsen advises tenants not to worry. “The Supreme Court’s ruling is the starting point for tenants; I do not expect the EU court to make their position worse,” he says.

“The idea behind the rules is that tenants operate in a tight market, and it’s not reasonable to expect them to vacate their rental homes if they don’t agree with rent increases,” says Berendsen. “Tenants must be protected from unfair practices.” 

If you want legal help from an actual person, contact Mr. Berendsen Advocaten.