Temporary rental of residential property

Tenancy agreements inherently of short duration

In cases where a tenancy agreement is inherently of short duration, the tenant does not receive tenancy protection. Such contracts are only allowed in exceptional cases. Examples include temporary housing units rented out while a tenant’s home is being demolished or renovated, or holiday homes rented to tourists. Both the landlord and tenant must be fully aware that the rental period is strictly short-term.

Vacancy act

A property can be rented under the Vacancy Act if specific conditions are met. In such cases, tenants do not have tenancy protection when the contract ends. However, the landlord must observe a minimum three-month notice period. Additionally, the landlord must obtain a permit from the municipality to rent the property under the Vacancy Act. The permit is usually valid for a maximum of two years and can typically be extended in one-year increments, up to a maximum of five years.

Specific groups

The Decree on Specific Groups for Temporary Tenancy Agreements lists eight categories of tenants with whom temporary tenancy agreements may be concluded. These include:

1. International students or students temporarily living in another Dutch municipality
2. Tenants temporarily relocating due to renovation
3. Individuals from social shelters or those in emergency housing situations with a proven urgent housing need
4. Tenants with whom a second-chance tenancy agreement is made
5. Surviving relatives of a deceased tenant
6. Tenants with minor children who wish to remain near their children after separation
7. Tenants temporarily relocating to the Wadden Islands for work
8. Tenants with a residence permit who previously stayed in a COA reception center while awaiting permanent housing

For these groups, a temporary tenancy agreement can be entered into for a maximum of two years. It is not possible to conclude a temporary tenancy agreement with tenants outside these categories. In such cases, the tenancy agreement is considered indefinite, making termination much more difficult for landlords.

Target group contracts

Strictly speaking, these tenancy agreements are for an indefinite period. However, the law provides landlords with the option to terminate the contract more easily under certain conditions, so the property can be rented again to the same specific target group such as disabled individuals, elderly tenants, young people, students, PhD candidates, and large families.

Conclusion

Although, as of July 1, 2024, the standard rule is that tenancy agreements are for an indefinite period, various exceptions remain for temporary rental agreements. Each exception has its own legal requirements, making it essential to seek legal advice before signing a rental agreement and to include the correct provisions. Landlords should also carefully document and collect evidence when entering into a temporary tenancy agreement.

More information

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