Which tenancy rights protect against unjust eviction?

In the complex Dutch housing market of 2026, protecting tenants from wrongful eviction is one of the most powerful legal tools a resident has. The Netherlands is internationally known for its strong rent protection, which means that a landlord cannot simply terminate the rental agreement unilaterally and kick the tenant out. Even at a time when the demand for housing is extremely high and the regulations concerning temporary contracts have been tightened, the starting point remains that a tenant has the right to living pleasure and continuity.

Many renters, and internationals in particular, are unaware of the barriers a landlord must overcome before an eviction is legally allowed. In this article, we discuss the 2026 legal frameworks that protect tenants against arbitrary or unlawful eviction.

The legal grounds for termination: No room for arbitrariness

One of the most important pillars of tenancy law in 2026 is that a landlord can only terminate the rent on the basis of specific grounds set out in the law. A “lack of mutual trust” or simply wanting to sell the home is usually not a valid reason to force an incumbent tenant to leave.

The most common legitimate grounds for cancellation are:

• Urgent personal use: The landlord must demonstrate that he needs the home himself so urgently (for example due to family expansion or medical necessity) that he cannot be asked to continue the rental. In 2026, the judge will test this very strictly; the interests of the tenant are seriously taken into account.
• Bad tenancy: This includes structural nuisance, illegal subletting or causing serious damage to the home.
• Rent arrears: Only if the landlord is three months or more behind schedule can start a procedure for termination of the contract in 2026.

Rent protection for temporary contracts

Since the legislative changes that came into force in 2024 and 2025, the options for temporary leases in the Netherlands have been significantly limited. In 2026, the starting point is again the indefinite contract.

If a landlord has nevertheless concluded a temporary contract that does not meet the specific exception rules (such as for students or people in an emergency situation), this contract is often automatically seen as an indefinite contract in the eyes of the law. This means that the tenant has full rental protection and does not have to leave the home at the end of the agreed period, unless the landlord can prove one of the legal grounds for termination in court. Many tenants are still unfairly intimidated by the end date on their contracts in 2026, while they are often legally entitled to permanent residence.

The intervention of the judge is mandatory

A crucial right of the tenant in 2026 is that a landlord may never evict himself. Only an independent judge can terminate the rental agreement and authorize an eviction.

Even if there is a rent arrears or a nuisance, the landlord may not replace the locks or put the tenant's belongings out on the street. In Dutch law, this is seen as “self-direction” and is punishable. The landlord must start a subpoena procedure where the tenant has the opportunity to tell their side of the story. The judge will then consider interests. In 2026, we will see that judges will more often take social aspects into account, such as the presence of minor children or the inability for the tenant to find replacement accommodation in the short term.

Protection when selling the home: Buying does not break the rent

A common scenario where tenants feel unfairly threatened is when the owner decides to sell the home. In 2026, the unshakable principle applies in Dutch law: “Buy doesn't break rent”.

This means that if a home is sold, the new owner automatically takes over all the rights and obligations of the previous landlord. The rental agreement remains exactly the same. The new owner cannot therefore force the tenant to leave because he would prefer to sell the house empty (which often pays more in 2026). A landlord who tries to force the tenant to terminate the contract due to sale is acting in violation of the law. In this case, the tenant has every right to stay in the home under the same conditions.

The role of the rent committee and legal assistance

In 2026, tenants will also have powerful allies outside the courtroom. The Rent Committee can rule on disputes related to the rent and maintenance, which may indirectly affect an imminent eviction. When a landlord tries to “bully” the tenant by neglecting maintenance in the hope that they will leave voluntarily, the tenant can enforce a temporary rent reduction via the Rental Commission.

In addition, in 2026, tenants will be entitled to legal support via the Legal Counter or the social advocacy if they fall below a certain income threshold. In 2026, many municipalities also have special “Rental Teams” that provide free advice and mediate conflicts between tenant and landlord. Involving these authorities often works preventively; as soon as a landlord notices that the tenant knows his rights and is legally assisted, unjustified eviction attempts often stop immediately.

Compensation for unlawful eviction

If a landlord nevertheless succeeds in getting a tenant to leave the home under false pretenses, for example by lying about urgent personal use, the tenant is entitled to substantial compensation in 2026.

If it subsequently appears that the landlord rented or sold the home to someone else for a higher price immediately after the tenant's departure, the court can oblige the landlord to pay the moving costs, the higher rent of the new home and sometimes even immaterial compensation to the affected tenant. This scare effect is an important reason why most professional landlords are extremely cautious about cancelling leases in 2026.

Dutch tenancy law was designed in 2026 to protect the fundamental need for housing against commercial interests. For a tenant, knowing these rights is the best defense against harassment and injustice.