Can my landlord just enter my home?

The short answer

Your landlord does not have an automatic right to enter your home, even though they own the property. As a tenant, you have exclusive use of the home and decide who enters. The landlord must always ask for your permission before entering the home. Only in true emergencies, such as a gas leak or water leak, can the landlord enter without permission. Permission is also required for viewings for new tenants.

What does the law say?

The right to undisturbed occupancy is stated in Article 7:220 of the Dutch Civil Code. This means that as a tenant, you have the exclusive right to use your home. Furthermore, the Constitution protects your right to home peace in Article 12. Additionally, the landlord's unauthorized entry into your home can even be a criminal offense under Article 139 of the Criminal Code. The landlord must always comply with these rules.

What should you watch out for?

Pay close attention to what is stated in your rental contract about the landlord's access. Some contracts contain agreements about inspection visits, but even then the landlord must observe reasonable deadlines. In emergencies, there must be real immediate damage or danger. Always keep evidence of your communication with the landlord, such as WhatsApp messages or emails.

Example from practice

Suppose your landlord wants to inspect your home because the downstairs neighbor is complaining about water damage. The landlord cannot just use their key to enter. They must first contact you and make an appointment at a time that suits you. If you are not home and do not respond to messages, they still cannot enter, unless water is leaking through the ceiling to the downstairs neighbor and there is immediate danger. In that case, they may enter to turn off the main water valve.

What can you do?

If your landlord has unlawfully entered your home, you can take various steps to protect your rights.