Can my landlord enter the property without my permission?

What does the law say?

No. As a tenant, you have a right to privacy in your home. Your landlord cannot simply enter your home – even if they have a key.

Section 7:220 of the Dutch Civil Code sets out when a tenant must grant the landlord access (check this section on wetten.nl for the most up-to-date version). The law recognises two situations: urgent work that cannot wait, and routine repairs or inspections. Rules apply in both cases. The landlord may not simply walk in on their own initiative.

If your landlord enters your home without your permission, they are committing a trespass. Section 138 of the Criminal Code stipulates that entering another person’s home is a criminal offence (check this section on wetten.nl for the most up-to-date version). This also applies to landlords – ownership of the property does not grant the right of free access.

When does this apply to you?

The landlord may NOT enter your home:

Without your permission and without prior notice
With a spare key, without your knowledge
For a viewing without your prior consent
Simply to check whether you are ‘following the rules’

The landlord IS allowed to enter your home:

In an emergency – such as a water leak, gas leak or fire. In such cases, they may take immediate action, even without your prior consent.
For necessary repairs – but they must give you plenty of advance notice. A notice period of at least 24 to 48 hours is standard. You agree on a time together.
For a routine inspection – if this is agreed in your tenancy agreement. A reasonable notice period applies in this case too.
If you give permission – you can always decide for yourself whether to let the landlord in.

What constitutes ‘reasonable notice’?

The law does not prescribe a fixed period. In practice, the rule is: the less urgent the matter, the longer the notice period. For a routine inspection, one week’s notice is reasonable. For repairs, a shorter notice period is acceptable. In an emergency, no notice period applies.

What if my contract says something different?

Some tenancy agreements contain a clause granting the landlord broad access. Please note: a contractual provision must not conflict with the law or your fundamental rights. A provision granting the landlord access at all times is likely to be void. Consult a lawyer if you are in any doubt.

Step-by-step guide – what can you do now?

Always ask for a reason and a time. Has your landlord announced a visit? Ask why they want to come and agree on a time that suits you. This is your right.
Confirm agreements in writing. Send a brief confirmation by email after every contact. “I hereby confirm that we have agreed to meet on Tuesday 15 April at 10:00 am for an inspection of the central heating boiler.” This way, you have proof.
Change the lock if the landlord has misused a spare key. You are allowed to replace your own lock. Do inform the landlord, however, and give them a new key if they are entitled to one – but only for emergencies.
Send a formal letter or email in the event of an unwanted visit. State clearly what happened, when, and why you do not accept it. Refer to Article 7:220 of the Dutch Civil Code and Article 138 of the Dutch Criminal Code. Keep a copy.
Report serious or repeated violations to the police. Does your landlord keep entering your home without permission? Report this as a breach of domestic peace to the police. This is a criminal offence.
Contact the rent tribunal or a solicitor. If you face ongoing privacy issues as a tenant, you can also take action through the rent tribunal or the courts. A solicitor on Claim.Cafe can advise you on the best course of action.

Common mistakes

Mistake 1: Thinking that the landlord, as the owner, is always allowed to enter. This is a persistent misconception. Ownership does not grant the right to free access to a rented property. As a tenant, you enjoy legal protection of your privacy – even against the owner.

Mistake 2: Doing nothing for fear of conflict. Many tenants let unwanted visits slide because they want to avoid problems with the landlord. But the longer you say nothing, the more normal it seems to the landlord. Confront them – preferably in writing.

Mistake 3: Failing to record evidence. If you wish to report the matter to the police or take legal action later, you will need evidence. Keep a log of unwanted visits: date, time, what was said or done.

Mistake 4: Forgetting that a contractor also needs permission. Is the landlord sending a technician or contractor? They are not allowed to enter without your permission either. The landlord cannot transfer their powers to a third party.

Frequently asked questions

Can my landlord come round for a viewing if I want to leave the property?

Yes, but only with your permission and after giving reasonable notice. If you are leaving the property, the landlord is entitled to show it to potential new tenants. However, they must give you sufficient notice and cannot simply turn up at any time.

What if my landlord has a spare key and uses it to enter the property when I am not at home?

That is a breach of the peace, even if they have a key. A key does not give the right to free access. You can report this to the police and you have the right to have your lock replaced.

Do I have to cooperate with an inspection of the property?

Yes, but only if the landlord gives reasonable advance notice and there is a valid reason – such as a routine inspection or repairs. You may refuse a time that does not suit you and suggest an alternative. You may not refuse outright without reason if this has been agreed contractually.

Can the landlord enter the property if there is a water leak whilst I am not there?

Yes. In an emergency – such as a serious water leak, gas leak or fire – the landlord may take immediate action to prevent further damage. This falls under the exceptions of Article 7:220 of the Dutch Civil Code. The landlord must, however, inform you as soon as possible afterwards.

How much notice must my landlord give before visiting?

The law does not prescribe a fixed period, but in practice the rule is: at least 24 to 48 hours for repairs, and more notice for routine inspections. In emergencies, no notice period applies. Always put agreements in writing.

Relevant legal provisions

Consult the following articles via wetten.nl for the exact and current text:

Article 7:220 of the Dutch Civil Code – tenant’s obligation to grant access for repairs and inspections
Section 138 of the Criminal Code – trespass
See also Book 7 of the Civil Code, section on residential tenancy law, for the provisions on undisturbed enjoyment of the tenancy