Can a private landlord charge reservation/cancellation fees?

Questioner

I am going to rent out my house and had found a potential tenant for this. The house had been viewed and we had agreed on a rental price and deposit (1 month's rent). At that time, there were other interested parties, so I suggested that she could reserve the house by paying a reservation fee (half of the deposit) that would be deducted from the deposit after the contract had been signed. This was recorded in an email. At that time, I informed the other interested parties that the house had been reserved and took the advertisements offline. However, on the day that we were to sign the contract, she indicated that she would rather live somewhere else and no rental agreement was signed. I offered to give her half of the reservation fee back because I had eventually found a new tenant and to accommodate her. However, she claims the full reservation fee back and indicates that it is not legal to ask for non-refundable reservation fees. Is it true that I am not allowed to charge reservation fees or cancellation fees? Or am I within my rights to keep the reservation fees?

Lawyer

Tenancy law generally offers a lot of protection to tenants, and it is therefore essential that you as a landlord are familiar with the relevant laws and regulations. As far as I know, there is no specific legislation in the Netherlands that prohibits or regulates the charging of reservation fees by private landlords. However, in practice, these types of fees can be considered unreasonable under certain circumstances. The question of whether retaining the reservation fee is reasonable and legal in your specific situation is not clear-cut and can depend on a number of factors. For example, you might consider whether the booking fee is proportionate to the real costs you have incurred as a landlord: for example, have you suffered any tangible losses as a result of this booking and its subsequent cancellation, such as loss of rental income? This might be a relevant point to consider. In addition, you may want to consider taking the matter to the Rent Assessment Committee or consulting a lawyer specializing in rental law to advise you on the best course of action. In general, it is always advisable to be completely transparent and honest about all costs and conditions that come with renting a property, and to record detailed and clear agreements in writing. Anticipating these types of issues regularly can help prevent misunderstandings and disputes in the future. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.