Tenants of residential premises are well protected in the Netherlands. Security of tenure applies to tenants of self-contained and non-self-contained dwellings with an open-ended tenancy agreement.
There is no security of tenure if:
- the tenancy is, by its nature, of short duration (Article 7:232(2) Dutch Civil Code (BW));
- during the first 9 months only, in the case of lodger/host rental (hospitaverhuur) (Article 7:232(3) BW);
- the tenancy takes place under the Vacancy Act (Leegstandwet);
- there is intermediate letting/subletting/a diplomatic clause (tussenhuur/diplomatenclausule);
- the tenancy agreement is with a category of tenant as referred to in the Decree on Specific Groups of Temporary Tenancy Agreements (Besluit specifieke groepen tijdelijke huurovereenkomsten).
Open-ended tenancy agreement
As of 1 July 2024, the Fixed Rental Contracts Act (Wet vaste huurcontracten) entered into force. As a result, a temporary tenancy agreement of a maximum of two years is, in principle, no longer possible (exceptions aside) and an open-ended tenancy agreement is the default. Tenants with an open-ended tenancy enjoy security of tenure.
Termination of a tenancy agreement by notice
Where security of tenure applies, the landlord must have a valid reason to end the tenancy agreement by giving notice. The notice must be in writing and a notice period must be observed by the landlord (at least 3 and at most 6 months, depending on the number of years the tenant has lived in the rented property). The landlord must rely on at least one of the grounds for termination listed in Article 7:274(1) BW.
If the landlord gives notice to terminate the tenancy agreement and the tenant does not agree, the tenancy agreement continues. The tenant is given the opportunity to indicate, within 6 weeks after the notice letter has been sent, whether they agree to the end of the tenancy. If the tenant does not respond or does not agree, the landlord must apply to the court with the aim of having the tenancy terminated. The subdistrict court judge (kantonrechter) will then assess whether the tenancy agreement will end and whether the premises must be vacated. In doing so, the judge may only assess the grounds for termination cited in the notice letter.
Grounds for termination by notice
The grounds for termination are exhaustively listed in the law (Article 7:274(1)(a)–(f) BW) and, in short, allow a tenancy to end by notice if:
- the tenant does not behave as a good tenant, meaning the tenant has not complied with obligations under the tenancy agreement. Examples include payment arrears, cannabis cultivation, unlawful subletting, or nuisance;
- there is a fixed-term tenancy agreement with an explicit eviction clause (diplomatic clause). Additional conditions apply to this ground;
- the landlord urgently needs the rented property for own use. Examples include demolition or renovation, or the landlord wishing to live in the dwelling themselves. This also includes the categories of tenants referred to in Articles 7:274a–274g BW, such as campus contracts and youth contracts;
- the tenant refuses to accept a reasonable offer for an amended tenancy agreement. This ground is rarely used in practice;
- the landlord wishes to assign the dwelling a use that corresponds to the zoning plan;
- there is lodger/host rental (hospitaverhuur). This ground allows a landlord of a non-self-contained room in their own home to terminate the tenancy. During the first 9 months, however, the landlord may end the tenancy without stating reasons;
- an environmental permit as referred to in Article 5.36(2) of the Environmental Planning Act (Omgevingswet) has been granted for a maximum of fifteen years and the tenancy is terminated with effect from the date on which that permit expires;
- the landlord is a natural person not acting in the course of a profession or business and who lets no more than one dwelling, wishes to sell the dwelling, and lived in the dwelling themself for at least two years prior to the tenancy;
- the tenant has continued the tenancy under Article 54d of the Housing Act (Woningwet) and has turned twenty-eight, or, if the tenant has died, would have turned twenty-eight, and the tenant and any co-tenants can obtain other suitable housing.
In what other ways can a tenancy agreement end?
Rescission (ontbinding) of the tenancy agreement
- The tenant may rescind extrajudicially (Articles 6:265–267 BW);
- Rescission by the tenant is not readily justified, except in explicitly regulated cases, for example impossibility of enjoyment or danger (Article 7:279 BW);
- The landlord must apply to the subdistrict court for rescission, except in case of closure of a dwelling by the mayor or where it is impossible to provide the agreed enjoyment (Articles 7:231 BW and 7:210 BW).
For the landlord, the following grounds for rescission apply:
- Rescission for breach of contract (wanprestatie). Examples include payment arrears, cannabis cultivation, nuisance, or unlawful subletting (Article 6:265 BW). In cases of breach, the landlord may also opt to seek termination by notice of the tenancy;
- Rescission where providing the agreed enjoyment has become entirely impossible and there is no duty to repair (Article 7:210(1) BW). The landlord has no duty to repair defects that are impossible to remedy, or whose remedy would be so costly that it cannot reasonably be required of the landlord (Article 7:206(1) BW). Where the defect need not be remedied under Article 7:206 BW but does make enjoyment impossible, not only the tenant but also the landlord is entitled to rescind (Article 7:210(1) BW, extrajudicially);
- Rescission to implement a valid zoning plan (Article 7:281(1) BW). A landlord who, as successor in title (Article 7:226 BW), is the owner may directly claim rescission for the sake of the zoning plan (Article 7:281(1) BW). A landlord who rescinds on the basis of a zoning plan is liable for damages to the tenant;
- Extrajudicial rescission after closure of the rented premises by the authorities (Article 7:231(2) BW). This must concern a general disturbance of public order (Articles 174 and 174a Municipalities Act), the manufacture, presence, or trade in prohibited drugs (Article 13b Opium Act), or a threat to liveability due to an act or omission (Article 17 jo. 1a–b Housing Act). In the case of extrajudicial rescission, the landlord need not go to court to rescind the tenancy but may rescind by letter to the tenant.
Ending a tenancy agreement by mutual consent
Article 7:271(8) BW provides that if the tenant and landlord enter into a termination agreement, the other subsections of that article concerning notice formalities do not apply. As with other agreements, tenant and landlord may jointly decide to end the tenancy agreement. A termination agreement is only valid if concluded after the tenancy has commenced. This provision protects the tenant. It prevents tenants from (being forced to) waive their security of tenure in advance.
