Indefinite rental contract: what are your rights and how does it end?

An indefinite rental contract (huurovereenkomst voor onbepaalde tijd) has no end date and, since 1 July 2024, is the standard for Dutch residential leases. You can end it as a tenant with notice, usually one month, but your landlord can only end it on a ground set out in the law and, if you do not agree, only the subdistrict court (kantonrechter) can terminate it.

The main exception is a small group of situations in which the law still allows a temporary contract, such as student housing or the diplomat clause. Below we explain your rights and obligations, how termination works on both sides and how common disputes are resolved.

Why is an indefinite contract now the norm?

Because the Permanent Rental Contracts Act (Wet vaste huurcontracten) largely abolished temporary residential leases from 1 July 2024. A new residential lease is for an indefinite period unless it falls within one of the statutory exceptions.

Those exceptions are narrow. They include temporary leases to specific groups, such as students, the diplomat clause for a landlord who is temporarily abroad and will return, target-group contracts (doelgroepcontracten), rooms let within the landlord’s own home, rental under the Vacancy Act (Leegstandwet) and accommodation that by its nature is only for short-term use. Temporary contracts concluded before 1 July 2024 continue until their agreed end date; if the tenancy continues after that, it becomes indefinite.

For expats, international employers and landlords this matters in practice. A landlord who wants flexibility, or hopes to find a tenant who pays more later, cannot use that as a reason to offer a temporary lease. A lease called temporary that falls outside the exceptions is treated as indefinite.

What are the key features?

An indefinite lease continues until it is lawfully ended. There is no end date, so it only ends by agreement, by notice from the tenant, or by notice from the landlord followed by the tenant’s consent or a court decision.

Tenants of residential property enjoy strong protection against termination (huurbescherming). They also benefit from statutory rules on rent increases and on the landlord’s duty to carry out repairs. For a wider overview of the rules, see our article on Dutch tenancy law explained.

What are your rights and obligations as a tenant?

You are entitled to the peaceful use of the home (huurgenot), and in return you must pay the rent on time and behave as a good tenant. Under Article 7:203 of the Dutch Civil Code (BW), the landlord must give you the use of the property as agreed.

Behaving as a good tenant (goed huurder) under Article 7:213 BW means taking care of the property and using it for its intended purpose. Small repairs, such as replacing light bulbs, bleeding radiators or unblocking a sink, are your responsibility under Article 7:217 BW and the Decree on Minor Repairs (Besluit kleine herstellingen). You must report larger defects to the landlord promptly, so they do not get worse.

For more detail on your position, read our article on what your rights are as a tenant.

What are the landlord’s main obligations?

The landlord must repair defects and keep the property in a condition that the tenant may expect. Under Article 7:206 BW, the landlord is obliged to remedy defects at the tenant’s request, unless this is impossible or requires costs that cannot reasonably be expected.

In practice this covers structural problems such as a leaking roof, a faulty central heating boiler or damp. The landlord must also follow the statutory rules on rent increases and service charges, and may not make changes to the property that interfere with your use of it without proper reason.

A landlord cannot end the lease just because the property is to be sold or because a new tenant would pay more. That is one reason why many landlords screen prospective tenants carefully before signing.

How much can the rent go up each year?

The government sets a maximum annual increase. For privately rented homes in the free sector, the cap is the lower of inflation plus one percentage point and the collective wage growth; for 2026 it is 4.4 percent, according to the Dutch government. Separate caps apply to social housing and the mid-market rental sector.

Your lease should contain an indexation clause that explains how the rent is adjusted. A landlord may not ask for more than the statutory maximum, even if the clause says otherwise. Read more in our article on rent increases in the Netherlands.

How do you end the contract as a tenant?

You give written notice to your landlord, observing a notice period equal to the rent payment period. Under Article 7:271(5) BW that period is at least one month and at most three months; with monthly rent it is one month.

The notice must end on a day on which rent is due. If you pay on the first of the month and want to leave by 31 August, your notice must reach the landlord before 1 August. A clause that requires a longer notice period from you than the law allows is not valid.

Send your notice by registered letter (aangetekende brief) or in another way that gives you proof of receipt. That prevents arguments later about when the notice arrived and therefore when the lease ended.

When can your landlord end an indefinite contract?

Only on one of the grounds listed in Article 7:274 BW, and only with the tenant’s consent or a court decision. Wanting the property back without a legal ground, or wanting a higher rent, is not enough.

The grounds most often used are:

• the tenant has not behaved as a good tenant, for example through serious nuisance, illegal activities or persistent rent arrears;
• the landlord urgently needs the property for his or her own use (dringend eigen gebruik);
• the tenant refuses a reasonable offer for a new lease of the same property;
• the landlord wants to put into effect a use of the property under the municipal environment plan (omgevingsplan).

Urgent own use is hard to prove. The landlord must show a pressing and genuine need and, in most cases, that the tenant can obtain other suitable housing. The court weighs the interests of both sides.

What procedure must the landlord follow?

The landlord must give notice in writing, by bailiff’s writ or by registered letter, and state the grounds. Under Article 7:271(5) BW the landlord’s notice period is three months plus one month for every full year the tenant has lived in the property, up to a maximum of six months.

In the notice, the landlord must ask the tenant to state within six weeks whether he or she agrees. If the tenant does not agree, the lease continues (Article 7:272 BW). The landlord can then ask the subdistrict court to set the date on which the lease will end, and the court only does so if one of the statutory grounds applies.

An indefinite lease can also be ended by the court because of a serious breach of contract, such as substantial rent arrears. That is a separate route, known as dissolution (ontbinding). Our article on the legal eviction process for rented property explains what happens when a tenant does not leave.

Which lease clauses are not allowed?

Clauses that take away a tenant’s statutory rights are often not enforceable. The rules on subletting are strict as well.

Maintenance clauses cannot shift the landlord’s statutory duty to repair defects onto the tenant, at least not to the tenant’s disadvantage. Under Article 7:242 BW, many clauses that depart from the tenant’s statutory rights can be annulled.

Subletting the whole home without the landlord’s permission is not allowed under Article 7:244 BW. Many leases also restrict subletting of part of the home. Unauthorised subletting is a serious breach and can lead to dissolution of the lease.

What should you check as a tenant?

Check the lease before you sign it and again when you receive a notice. Since 1 July 2023, the landlord may charge you nothing besides the rent, the service charges and a deposit of at most twice the basic monthly rent.

• Is the lease for an indefinite period, or does a temporary lease really fall within a statutory exception?
• Is the deposit no more than twice the basic monthly rent, and are there no administration or contract fees?
• Does the indexation clause stay within the statutory cap, 4.4 percent for free-sector homes in 2026?
• Does the maintenance clause leave the landlord’s duty to repair defects under Article 7:206 BW intact?
• Is there a clause allowing the landlord to enter the home without notice? That conflicts with your right to peaceful use.
• Have you answered a notice of termination in writing within the six-week period?

What should you check as a landlord?

A lease you sign today may run for decades, so check it against current law. One-sided clauses are more likely to be challenged and can often be annulled under Article 7:242 BW.

• Does a temporary lease fall within one of the statutory exceptions? If not, it is indefinite.
• Is the condition of the property recorded at the start, preferably with photos?
• Are the service charges listed separately, and do you send the annual statement required by Article 7:259 BW?
• Does the indexation clause stay within the statutory maximum for the sector?
• Does your notice state a ground under Article 7:274 BW and observe the notice period of three to six months?

How are common disputes resolved?

Most disputes are about service charges, maintenance, rent increases or an attempt to end the lease. Many can be resolved by the Rent Tribunal (Huurcommissie) at low cost; others go to the subdistrict court.

Service charges and maintenance

You are entitled to an annual statement of the service charges (servicekosten) under Article 7:259 BW. If the landlord asks for more than the actual costs, or does not provide a proper statement, you can ask the Rent Tribunal to rule on the service charges.

If the landlord does not repair a defect, first put your complaint in writing and give a reasonable period. In the regulated sector, the Rent Tribunal can then temporarily reduce the rent until the defect is fixed. You can also ask the subdistrict court to order repairs. In some cases you may carry out an urgent repair yourself and deduct the cost from the rent under Article 7:206(3) BW, but only after the landlord has failed to act despite a clear request.

Always keep a written record. Letters, emails and photos show what you reported and when, and they make your position much stronger if the dispute continues.

Rent increases and unlawful termination

If you think a rent increase exceeds the legal maximum, you can object in writing and, if necessary, take the matter further. In the free sector, the subdistrict court decides; in the regulated sector, the Rent Tribunal plays a role.

A landlord may also try to end the lease for a reason that is not legally valid, for example because he wants to sell or to find a tenant who pays more. You do not have to agree. Without your consent, the lease continues until the court decides otherwise, and the court will only end it on a statutory ground.

What can we do for you with an indefinite rental contract?

Our tenancy lawyers assist tenants, private landlords and employers who house staff, from our offices in Eindhoven and Amsterdam.

• We review your lease and point out clauses that conflict with the tenancy rules in Book 7 BW.
• We draft or check a notice of termination, including the ground under Article 7:274 BW and the correct notice period.
• We respond to a landlord’s notice on your behalf within the six-week period.
• We check whether a rent increase stays within the 2026 cap and object in writing if it does not.
• We file your request with the Rent Tribunal or conduct the proceedings before the subdistrict court.

Summary

• Since 1 July 2024, a new residential lease is in principle for an indefinite period; temporary leases are only possible in a few statutory exceptions.
• As a tenant, you can end the lease with a notice period equal to the rent payment period, usually one month.
• A landlord needs a ground under Article 7:274 BW and, without the tenant’s consent, a court decision.
• The landlord’s notice period is three to six months, depending on the length of the tenancy.
• Rent increases and deposits are capped by law; the Rent Tribunal and the subdistrict court resolve disputes.

For other topics, see our index of Dutch real estate law guides.

Frequently asked questions