Mar 10, 2024

A reminder of the specific occasions where temporary rental contracts are still allowed.

As you may have read in our previous blog, the Law on Indefinite Rental Contracts recently came into effect. The law allows for exceptions, meaning that groups such as students can still have a temporary contract. But there are a few more, less common groups of people who will also still be able to rent with a temporary rental contract. They include the following groups:

Target group contracts (Doelgroepcontracten)
Rental contract based on the Vacancy Act (Leegstandswet)
Intermediate rent or diplomatic clause (Tussenhuur/Diplomatenclausule)
Homestay (Hospitaverhuur)

It will also remain possible to rent out an apartment for a fixed period of time for specific occasions. The new law does not change these specific occasions. The following occasions remain unaffected by the new law:

Target group contracts (Doelgroepcontracten)

Some residences are intended for a special target group, such as students living on or close to campus. When the tenant is no longer considered a student, the rental contract can be terminated, and they will have to move out to make space for a new student.

Rental contract based on the Vacancy Act (Leegstandswet)

When a residence is temporarily empty, it may be rented out temporarily in accordance with the Vacancy Act. This is used when, for example, a house is for sale and the owner has already moved out. This act is used to prevent squatting.

Intermediate rent or diplomatic clause (Tussenhuur/Diplomatenclausule)

It will remain possible to rent out an apartment for a fixed period of time for people who temporarily do not use their home, for example, if they go on vacation or leave for work abroad. This is possible with a diplomatic clause incorporated in the rental contract.

A diplomatic clause allows the landlord to rent out an apartment for only a certain period of time, so that they can move back in afterward. The landlord and the tenant agree on a rental period in advance. The tenant leaves when the landlord returns and is not allowed to terminate the rental prematurely.

Homestay (Hospitaverhuur)

When someone rents out one or more rooms in their home, they will be considered a host and can give their tenant a nine-month rental contract to see if it’s a good fit. The landlord can terminate the rental agreement during those nine months.

Written by law student Lisa Kokèn, Amsterdam June 14th 2024.