What if the home doesn't match the photos?

You've found a beautiful apartment online: sleek walls, a modern kitchen and a bathroom that looks like it's straight out of a magazine. But as soon as you open the door for the viewing or, in the worst case, on the day you get the keys, you see a completely different reality. The walls are yellowed, the kitchen is out of date, and the space looks nothing like the bright, spacious photos of the ad.

In the current housing market, where everything goes very fast and people sometimes rent homes unseen, this is more common than you think. It can be an innocent outdated photo, but also deliberate deception. It is important to know what your rights are if reality does not match the promise, and how to approach this legally and practically.

The ad versus reality

A landlord is obliged to provide an honest picture of what they rent out. Photos are part of the offer. If the photos show a renovated home and you get a wreck, there is a defect or even an 'error'.

Is it an 'impression' or reality?

Look carefully at the fine print in the ad. In new construction projects or large-scale renovations, you often see “artist impressions” or photos of a model home. In that case, the landlord is usually covered, provided this is clearly stated. But with an existing home, you can assume that the photos reflect the current state. Is the home fundamentally different in real life? Then the landlord does not comply with the agreement.

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Take immediate action when handing over the keys

The most critical moment is the day of key handover and inspection. If you see at that moment that the home does not match what you were promised, you must act immediately.

• Don't just sign the inspection report: Does the report say that the house is 'in good condition' while the kitchen is falling apart? Write down your comments directly on the form before signing.
• Take photos instantly: Use your phone to record the differences. Make sure you take photos at the same angles as in the ad so that the contrast is clear.
• Report the defect in writing: On the same day, send an email to the landlord or broker stating pointwise which things do not match the ad and the photos on the basis of which you signed the contract.

What are your legal options?

In the Netherlands, as a tenant, you are entitled to a home that has the properties you would expect. If the home is seriously different, you have a number of options:

Recovery requirements

You can force the landlord to still bring the home to the condition that was shown in the photos. This is especially relevant if there are missing items that were in the photos, such as certain built-in appliances or a specific floor finish.

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Rent reduction

If the home is worth less than what was suggested on the basis of the photos (for example, due to a much older kitchen or bathroom), you can demand a reduction in the rent. The Rent Committee can help with this if you rent in the social sector or if your rent is just above the limit. They test the quality of the home using a points system.

Termination of the contract

In extreme cases, where the home is simply uninhabitable or the anomaly is so great that you would never have rented it if you knew the truth, you can have the contract terminated due to error. This is a tough remedy, but it is an option if you feel deceived.

Prevention is better than cure

Although you have rights, the last thing you need to wait for when moving is legal. You can protect yourself by following a few simple rules:

1. Never rent unseen: No matter how much pressure is, always try to see for yourself or send someone you trust. Video calls are a good alternative, provided that the camera shows all corners of the room.
2. Ask for the date of the photos: Simply ask the agent: “Are these recent photos of the current state of the home?” If they answer 'yes' to this and it turns out not to be the case, you are legally much stronger.
3. Save the ad: Take screenshots of the online ad and save the PDF brochure. Once the home is rented out, these ads often disappear from websites such as Funda.

It's your right to get what you pay for. A home is a valuable product and the photos are the seller's promise. Don't get bothered by the remark that “photos always give a bit of a distorted image”. There is a difference between a wide-angle lens and a completely different state of maintenance.