Reclaiming overpaid rent: how to get it back, and by when

Yes, you can get overpaid rent back if the Huurcommissie reviews the rent you started paying at the beginning of your contract. If that rent is too high, the lower rent applies from the start of your contract, and you get back everything you have overpaid since that date. You apply for this review within six months of the start date of your tenancy agreement; with some temporary contracts it is still possible later.

I’m Jan Louwers LL.M., the legal specialist behind Huurfix. In this article I explain how getting it back works, how much difference it can make, how the money reaches you and what you can do if the deadline has passed.

When do you get overpaid rent back?

It all comes down to the review of your starting rent: a check on whether the rent your contract began with is actually correct. If the Huurcommissie, the Dutch rent tribunal, finds that rent too high, it sets a lower rent. That lower rent does not only apply from the ruling onwards, but backdated to the start date of your contract. Everything you paid on top since that day turns out to have been too much, and you get that difference back.

You can see whether your rent is too high with the huurprijscheck. There I also explain where people most often go wrong when filling it in.

Do I also get something back for the months before?

Yes, with this review you do.

A worked example: if you pay € 450 a month too much, the national average, and your contract has been running for eight months when the Huurcommissie rules on the rent reduction, your rent goes down by € 450 a month and you get 8 × € 450 = € 3,600 back.

A procedure takes time, so you often keep paying the old rent for a few more months along the way. Those months count too, because the reduction goes back to the start.

How much difference can it make?

In the points cases the Huurcommissie decided in the tenant’s favour in 2025, rent went down by an average of € 450 a month. That figure is from the Huurcommissie’s 2025 annual report, covering just over 1,000 cases. With that average and a ruling eight months after the start of your contract, you would get around € 3,600 back.

How do I get the money back?

You offset it against your next rent payments: you pay less for one or more months until the difference is cleared. When the ruling comes in, I write down exactly how much for you.

What if I no longer live there?

If offsetting isn’t possible, for example because you no longer live there, I give you a text you can send to your landlord. If they still don’t pay, I refer you to a bailiff who can collect the amount on your behalf.

Do you charge anything on what I get back?

No. You pay afterwards, only once your landlord has agreed to my proposal or the Huurcommissie has ruled that your rent goes down. You then pay me a one-off fee of 3 × your monthly rent reduction, including 21% VAT and all costs. After that, the lower rent is all yours, and I don’t charge anything on rent you get back. After three months of lower rent, you have earned it back. All amounts and examples are on the prices page.

Until when can I do this?

You can apply for a review of your starting rent up to six months after the start date of your tenancy agreement. With some temporary contracts it is still possible later. It depends on your situation, and I’ll look into that for you. If you’re still within those six months, now is the time to check.

The deadline has passed. Can anything still be done?

Yes: a rent reduction based on points, if your home is regulated and your rent is higher than the maximum that goes with your home’s points. That reduction only works going forward: the lower rent starts on the reference date, a date after the proposal to your landlord, and you get nothing back for the months before. It’s good to know the difference.

Want to know whether this applies to you? Do the free huurprijscheck and see within a few minutes whether your rent is too high. You’ll find more answers in the frequently asked questions, and you can read who I am on the about page.

Sources

• Dutch Civil Code, article 7:249 (in Dutch): the six-month deadline for reviewing the starting rent.
• Huurcommissie, Huurprijs bij een nieuw of tijdelijk contract beoordelen (in Dutch).
• Huurcommissie, Jaarverslag 2025 (annual report, in Dutch): average rent reduction in points cases won by the tenant.