For years, it was relatively easy for private landlords to rent out a home on a temporary basis. If you were moving abroad for a while or wanted to wait and see whether you would sell your home permanently, you could often sign a lease for one or two years. At the end of that period, the lease automatically expired, and the tenant could move out. However, this has changed significantly since July 1, 2024. The legislature has significantly restricted the options for temporary rentals, and tenants now enjoy immediate rent protection in many more situations. Nevertheless, this does not mean that temporary rentals have become completely impossible. In a number of specific cases, the law still allows for the temporary rental of a home.
Why have the rules changed?
Before July 1, 2016, tenants in the Netherlands enjoyed a high level of rent protection. With the introduction of the 2015 Rental Market Mobility Act, it subsequently became easier to enter into temporary lease agreements of up to two years. At the end of that period, landlords no longer had to provide a legal reason for termination; the lease simply ended on the agreed-upon date.
The legislature ultimately concluded that this arrangement was too detrimental to tenants’ legal rights. As a result, the rules were amended again effective July 1, 2024. Since then, the basic principle has once again been that a tenant is immediately granted a lease for an indefinite term, including full rent protection. A temporary lease may now be entered into only in a limited number of exceptional circumstances.
When is short-term rental still allowed?
The law currently recognizes eight situations in which a temporary lease is still permitted.
1. Leasing under the Vacancy Act
Is a property vacant because it is for sale or will soon be demolished or undergo major renovation? In that case, it may sometimes be rented out on a temporary basis under the Vacancy Act. However, this requires a permit from the municipality.
2. Flexible Housing
For flexible housing units built under a temporary environmental permit, temporary rental remains permitted as long as the unit is used within the applicable statutory time limit.
3. Rentals to Special Target Groups
Temporary lease agreements may still be entered into for certain target groups. These include students, doctoral candidates, young people under the age of 28, seniors, people with disabilities, and large families. Once the tenant no longer belongs to the relevant target group, the lease may be terminated under certain conditions.
4. Short-term by nature
Some agreements are not covered by standard rent protection because they are, by their very nature, intended to be short-term. A hotel room or vacation rental are well-known examples of this.
5. Guest Room Rentals
Anyone who rents out a room in their own home can take advantage of the room-sharing arrangement. The first nine months constitute a trial period during which the landlord can terminate the tenancy with the tenant relatively easily. After that, the room-sharing tenant also enjoys rent protection, and the normal legal rules apply.
6. Temporary leasing under the diplomatic clause
Are you planning to work abroad temporarily and then return to your home on your own? In that case, the diplomatic clause still offers an excellent opportunity to temporarily rent out your home during your absence. However, it must be clearly established in advance that you, as the landlord, will resume living in the home yourself once your absence is over.
7. Living Together on a Trial Basis
Even when someone moves in with a partner temporarily to see if the relationship will last, their own home may be temporarily rented out under certain conditions. If living together does not work out, the owner can return to their own home.
8. Temporary rental to a child or parent
The law also allows for the temporary rental of a home until a child or parent of the owner moves in to live there. However, additional conditions apply, including the rules regarding urgent personal use.
What should be included in a temporary lease agreement?
When a temporary lease is permitted, it is important that the agreement be drafted carefully. For example, it must clearly specify the duration of the lease, the legal exception on which the contract is based, and why that particular exception applies. In addition, the agreement must specify that the tenant may terminate the agreement early. In principle, the landlord cannot do so without cause.
A common mistake is extending a temporary lease. While this may seem practical, it can have significant legal consequences. In many cases, this automatically converts the agreement into an open-ended lease, granting the tenant full rent protection.
Can a landlord just terminate the lease?
Many people think that a landlord can simply evict a tenant as soon as he wants to sell the property or as soon as a buyer is found. That is a persistent misconception.
A landlord may terminate a lease agreement only if there is a legal ground for termination. Examples include:
- the tenant is not behaving like a good tenant;
- The landlord urgently needs the property for his own use;
- the tenant refuses a reasonable proposal to amend the lease agreement;
- The property is necessary for the implementation of a zoning plan.
A buyer who wishes to have the property delivered free of a lease does not, in and of itself, constitute a valid ground for termination.
What if a tenant does not agree to the termination? In that case, the landlord cannot terminate the lease on their own. The court must always determine whether the lease may actually be terminated.
Conclusion
The days when virtually every private landlord could easily enter into a temporary lease of up to two years are now behind us. Since July 1, 2024, the general rule has been that tenants are immediately granted a lease for an indefinite term and thus enjoy comprehensive rent protection.
However, that does not mean that temporary rentals have become completely impossible. In specific situations—such as rentals under the diplomatic clause, subletting, vacant properties, or rentals to special target groups—the law still offers possibilities. Precisely because the rules are much stricter these days and even a minor mistake can have major legal consequences, it is wise to have a thorough assessment conducted in advance to determine which form of temporary rental is still possible in your situation.
