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Access to the rental property: when can a landlord enter?
Landlords often have to deal with it: the landlord wants to enter the home, but the tenant does not cooperate. Is that just allowed? And when do you, as a landlord, actually have the right to access the home you're renting out?
Reasons for access
There are several legitimate reasons why you, as a landlord, can have access to the home. Some examples include:
- measuring the home in connection with (possible) sale;
- determining the energy label;
- carrying out necessary maintenance.
This begs the question: what exactly is allowed? And how do you approach this properly as a landlord?
Without permission? Only under strict conditions
An important starting point is the right to privacy. Tenants have the right to enjoy undisturbed living. In practice, this means that, as a landlord, you always need permission to enter the home — unless there is an acute emergency situation. A tenant may therefore refuse, but that refusal must be reasonable. The question is therefore: when is a tenant actually obliged to provide access?
What do the general provisions of the latest ROZ model (2025) say about access?
The landlord — as well as persons he appoints, such as contractors or inspectors — is entitled to periodically enter the home for inspection. This right concerns in particular:
- the use of the rented property;
- identifying unauthorized sublease;
- detecting unwanted or unauthorized changes to the home.
But also with regard to:
- maintenance and valuation activities, and
- viewings when the property is intended to be rented, sold or auctioned.
Please note: all of this may only take place in consultation with the tenant, and at a time to be determined jointly.
What does the judge say?
The court generally attaches a lot of weight to the undisturbed living pleasure of tenants. Nevertheless, there are good reasons to oblige tenants to provide access to the home in certain cases if they refuse to provide it. A few everyday examples are highlighted below.
Measurement of the home
If the landlord makes it sufficiently plausible that measurements are required, for example, to obtain an environmental permit for the renovation/restoration of the home, the tenant will have to cooperate.
Establishment of the energy label
Determining the energy label is an urgent activity. On the basis of the law, the tenant must therefore provide the opportunity to carry out this activity. By the way, the same applies to installing smoke detectors.
Carrying out maintenance
The tenant is obliged to give the landlord the opportunity to carry out urgent work on the home during the rental period. This means that the tenant will also have to allow work that leads to the detection, prevention and repair of damage.
Red thread
For all the cases covered above, the work must be carried out in a way that is least difficult for the tenant. As the activities require more drastic measures, the landlord must adequately substantiate why the work is necessary. Such a drastic measure is, for example, temporary evacuation of the home.
Tips for hosts
Make sure that agreements about access to the home are properly laid down in the rental contract, preferably with a reference to the ROZ provisions. This prevents discussions afterwards and provides a clear framework for both parties.
As a landlord, it is important that you substantiate your request properly, preferably in writing and with a reasonable period of time. Provide a clear explanation of the purpose of the visit, who is coming, and when — and discuss a suitable time if necessary. Tenants then have the duty to indicate within a reasonable period of time when is a suitable time.
Conclusion
As a landlord, you do not automatically have the right to access the home. The tenant's living pleasure comes first, but that does not mean that you have no options. Ensure clear communication, a legitimate reason and the tenant's consent. And is communication stalled? Then the law — and in some cases the judge — offers a solution.
This article was written by Hidde Oosterkamp and Maaike Cohen
If you have any questions about this topic, please contact us.
