Since 1 July 2024, temporary letting of residential property in the Netherlands is only allowed in specific situations: a tenancy of independent living space is in principle concluded for an indefinite period. The main exceptions are contracts of up to two years for certain groups of tenants, letting under a vacancy permit, and letting for use that by its nature is short term, such as holiday letting.
Since the Fixed-Term Tenancies Act (Wet vaste huurcontracten) took effect, the general option of a two-year fixed-term contract that simply ended on the agreed date no longer exists. Temporary letting remains possible, but only in the situations the law now lists. These include contracts of up to two years for specific groups, such as students, people leaving a care institution and people who need housing temporarily because of work or divorce; letting while the landlord lives elsewhere temporarily and intends to return; and letting of property awaiting demolition or renovation under a vacancy permit. Each of these has its own conditions and formalities. A contract that does not meet them is simply a tenancy for an indefinite period, with full rent protection.
Two further regimes apply alongside this. Rent levels for a large part of the market are set by the housing valuation system (woningwaarderingsstelsel, WWS), a points system that was extended to mid-market rents by the Affordable Rent Act (Wet betaalbare huur) on the same date. A rent above the level the points allow can be reduced by the Rent Tribunal (Huurcommissie). And short-stay and holiday letting are governed by municipal rules under the Housing Act (Huisvestingswet 2014): many municipalities require a registration number, cap the number of nights per year and require notification of each let, with substantial fines for letting without them.
Below we set out which forms of temporary letting are still allowed and on what conditions, what a landlord must arrange before the tenant moves in, and the mistakes that turn a temporary contract into a permanent one.
What are the legal requirements for temporary rentals?
A temporary tenancy of independent living space is only valid if it falls under one of the statutory exceptions and meets the formalities that apply to it. In addition, the rent must comply with the points system where it applies, and the landlord must follow the rules of the Good Landlordship Act.
When is a temporary contract still allowed?
Since 1 July 2024, the indefinite tenancy is the standard. A temporary contract of at most two years can only be offered to the specific groups designated by law. Other existing forms of temporary letting, such as letting under the Vacancy Act, continue to exist.
According to the government, the groups that may receive a contract of up to two years include:
- students who temporarily rent in another municipality for their studies;
- people who need housing temporarily because of work or the renovation of their home;
- people moving on from a care or social support institution;
- tenants with a so-called second chance contract;
- young surviving relatives who take over the tenancy of a deceased parent;
- divorced parents who need temporary housing near their children;
- workers on the Wadden Islands who normally live on the mainland;
- status holders who have left a reception centre and are awaiting permanent housing.
Other forms of temporary letting remain unchanged. These include letting under the Vacancy Act (Leegstandwet), for which the owner needs a permit from the municipality, for example for a home that is for sale or awaiting demolition or renovation; letting while the landlord temporarily lives elsewhere and intends to return (the so-called diplomat clause); existing target group contracts, such as campus and youth contracts; letting of a room in the landlord’s own home (hospitaverhuur), where tenant protection is limited in the first nine months; and letting for use that by its nature is short term (Article 7:232(2) of the Dutch Civil Code, BW), such as a holiday home.
Temporary contracts concluded before 1 July 2024 remain valid under the old rules. If such a contract is extended, however, the tenant must be offered an indefinite contract.
Which formalities and documents are required?
A temporary contract must be in writing and must state the reason for its temporary nature and its end date. The landlord must also inform the tenant in writing, at least one month and at most three months before the end date, that the contract will end.
If the landlord fails to give that notice in time, the contract does not end on the agreed date but continues, and can then only be terminated on the statutory grounds that apply to indefinite tenancies. Record in the contract which exception applies and keep the supporting documents, such as proof of the tenant’s enrolment as a student, the vacancy permit or the documents showing that you will return to the property. If a dispute arises later, the landlord must be able to show that the exception applied from the start.
The rent must also comply with the rules. Since 1 July 2024, the Affordable Rent Act applies the points system to homes with 144 to 186 points (mid-market rent), in addition to the social rent sector below 144 points. For these homes, the rent may not exceed the maximum that follows from the points. Since 1 January 2025, the landlord must attach a points calculation to new tenancy agreements for such homes. Only homes with 187 points or more fall in the free sector. You can read more about the Affordable Rent Act and how the points system works.
Under the Good Landlordship Act (Wet goed verhuurderschap), which has applied since 1 July 2023, landlords must record all agreements with the tenant in writing, provide information about the tenant’s general rights and obligations, not ask for a deposit of more than two months’ basic rent, and prevent discrimination and intimidation.
What happens if you do not comply?
A temporary contract that does not meet the statutory requirements is treated as a contract for an indefinite period. Municipalities can also impose sanctions on landlords who do not comply with the Good Landlordship Act, such as an administrative fine.
For tenants, this means strong protection. A tenant with a temporary contract that does not fit any exception can in principle stay after the agreed end date, and the landlord can only terminate on a statutory ground, such as urgent own use, with the approval of the court (Articles 7:271 and 7:274 BW). A tenant who pays a rent that is too high can ask the Rent Tribunal to assess it; in principle this must be done within six months of the start of the tenancy (Article 7:249 BW). The Rent Tribunal can then reduce the rent with retroactive effect to the start of the tenancy.
Municipalities have been given more powers to enforce the rules. Under the Good Landlordship Act they can impose fines and, in serious cases, even take over the management of a property. Landlords who repeatedly break the rules can also be required to obtain a rental permit in certain areas.
A careful approach pays off. Check your situation against the exceptions before you offer a temporary contract, keep proper documentation and seek legal advice where you are unsure. The rules for temporary letting in the Netherlands continue to develop, with a clear focus on security for tenants.
The table below summarises the main situations in which temporary letting is still possible and the documents to keep.
| Situation | Description | Key documentation |
|---|---|---|
| Designated groups (max. two years) | For example students, people in temporary housing need because of work or divorce, people leaving a care institution | Written contract with end date and reason, proof that the tenant belongs to the group |
| Vacancy Act | Temporary letting of a home that is for sale, awaiting demolition or renovation | Vacancy permit from the municipality, contract referring to it |
| Landlord temporarily abroad or elsewhere | Letting of the landlord’s own home during a temporary absence | Contract with the intention to return, evidence of the temporary stay elsewhere |
| Use that is by its nature short term | Holiday letting and genuine short-stay | Evidence of the short-term nature; municipal registration and notification where required |
What are the do’s for hosts and landlords?
Put everything in writing, document the condition of the property, respond to repair requests promptly and respect the tenant’s right to privacy. Check the rent against the points system and keep proper financial records.
How do you draft a clear rental agreement?
A clear written rental agreement is the basis for responsible letting and is also required by the Good Landlordship Act. It should set out the duration and, for a temporary contract, the legal basis for it, the rent and service charges, the deposit, maintenance responsibilities and the condition of the property.
Key elements are the precise duration, a clear division of maintenance between landlord and tenant, a description of the condition of the property and clear financial terms. Small repairs are in principle for the tenant, and the landlord is responsible for defects and major maintenance (Articles 7:204, 7:206 and 7:217 BW). Draw up an inspection report with photographs at the start of the tenancy, signed by both parties. At the end of the tenancy, the tenant must return the property in the condition described in that report, apart from normal wear and tear (Article 7:224 BW). Without a report, the tenant is presumed to have received the property in good condition, which works against the tenant; a signed report avoids discussion for both parties.
How do you manage the relationship with your tenant?
Good management goes beyond legal compliance. Communicate clearly, deal with repair requests promptly and inspect the property only by agreement with the tenant.
Agree on how the tenant can report defects and how quickly you will respond. If the landlord does not remedy a defect, the tenant can in certain cases carry out the repair and deduct the costs from the rent, or claim a rent reduction (Articles 7:206 and 7:207 BW). You can read more about the obligations of the landlord in this respect.
Respect the tenant’s privacy. The law does not give a fixed notice period for visits, but a landlord may not enter the home without the tenant’s permission. The tenant must, however, allow urgent work to be carried out, and it is usual to agree in the contract that the tenant will allow viewings at the end of the tenancy at reasonable times. Agree a reasonable notice period for inspections in the contract, and keep a record of visits, repairs and communication. That helps to prevent disputes and, if one arises, to prove what was agreed.
How do you manage financial and legal risks?
Stay informed about the rules on rent, calculate the permitted rent and any increases correctly, and keep proper records. Consider insurance and plan for vacancy and disputes.
For homes in the regulated sector, the maximum rent follows from the points calculation. Rent increases are also subject to statutory maximums that are set each year; for the free sector and the mid-market segment, separate maximum increases apply. Always check the current percentages before proposing an increase, and follow the procedure for a rent increase proposal.
Take out insurance that covers damage to the property, liability and, where relevant, loss of rental income. Make contingency plans for vacancy, tenant disputes and urgent maintenance. Landlords who know the rules, maintain a transparent relationship with their tenants and manage their property systematically are best placed in a market that increasingly emphasises tenant protection and stability.
The table below summarises the key good practices for landlords.
| Area | Action | Benefit |
|---|---|---|
| Documentation | Written contract, inspection report with photos, clear financial terms | Fewer disputes, legal certainty |
| Responsive management | Respond promptly to repair requests, clear communication channels | Trust, fewer conflicts, no rent reduction claims |
| Inspections | Only by agreement with the tenant; record the condition | Early detection of problems, evidence of due care |
| Privacy | No entry without permission; agree reasonable notice in the contract | Compliance and goodwill |
| Maintenance | Scheduled maintenance and an emergency plan | Preserves the value of the property and the tenant’s safety |
What are the don’ts: which mistakes should you avoid?
The most common mistakes are offering a temporary contract without a valid exception, charging more than the points system allows, and neglecting the tenant’s rights. Each of these can make the contract permanent, reduce the rent or lead to a fine.
Which contract mistakes occur most often?
The biggest mistake is offering a temporary contract where no exception applies. Such a contract is then simply a tenancy for an indefinite period, and the landlord loses the possibility of ending it on the agreed date.
Other mistakes are classifying the tenancy incorrectly, for example calling a regular tenancy “short stay” or “holiday rental” while the tenant actually lives there, failing to state the reason for the temporary nature in the contract, and forgetting to send the notice of the end date one to three months in advance. Landlords should check their specific situation carefully against the statutory exceptions. For tenants, it is useful to learn more about tenant rights and protection before signing or when a landlord invokes the end date.
Letting under the Vacancy Act, letting to a designated group and letting during a temporary absence each require specific documentation and a precise legal basis. A contract that refers to the wrong exception, or to none at all, offers little protection.
Which financial mistakes should you avoid?
The most common financial mistakes are asking a rent above the maximum under the points system, not providing a points calculation, and increasing the rent above the permitted percentage. The tenant can have these corrected by the Rent Tribunal or the court.
Typical financial pitfalls are:
- setting the rent above the maximum permitted by the points system;
- failing to attach the required points calculation to the contract;
- increasing the rent without a proper proposal or above the statutory maximum;
- charging service costs without a proper annual statement;
- asking a deposit of more than two months’ basic rent.
Municipalities can enforce the Affordable Rent Act and the Good Landlordship Act, and tenants can challenge the rent through the Rent Tribunal. A reduced rent can lead to repayment of what the tenant paid too much, which can amount to a considerable sum over time.
Which mistakes in dealing with tenants should you avoid?
Landlords sometimes underestimate the importance of communication and the tenant’s rights. Under the Good Landlordship Act, intimidation and discrimination are prohibited, and landlords must inform tenants of their rights.
Common mistakes in this area include:
- responding slowly to repair requests;
- entering the home without permission;
- failing to agree or give reasonable notice of inspections;
- not documenting communication and maintenance.
Establish clear communication channels, respond promptly to repair requests and keep records of all contacts. Municipalities can take action against landlords who do not meet the requirements of the Good Landlordship Act.
Letting in the current market requires an informed and careful approach. Landlords who invest in understanding the rules, keep proper records and maintain a professional relationship with their tenants avoid financial and legal consequences. The rules continue to focus on stability for tenants and a fair market.
What applies to companies that rent property?
Companies rent property in two ways: business premises for their own operations, and homes to house employees, such as expats. Business premises have their own tenancy rules, while homes rented for employees can still fall under residential tenancy law.
How should a company structure its rental agreements?
For business premises, the rules depend on the type of space. Retail, restaurant and similar premises open to the public (Article 7:290 BW) have strong protection: in principle a first term of five years, followed by a second term of five years. A contract of up to two years is possible, but if the tenant remains in use after that period, the contract is deemed to have been concluded for five years (Article 7:301 BW). Offices and other business premises (Article 7:230a BW) have much less protection, so the contract itself determines most of the rights.
When a company rents homes to house employees, it should check whether the tenancy falls under residential tenancy law and, if so, whether a temporary contract is permitted. Genuine short-stay accommodation for a short period can qualify as use that by its nature is short term, but a home rented for an employee’s assignment of a year or longer usually does not. Municipal rules on short-stay and room letting may also apply.
Key points for corporate rental agreements are:
- a precise description of the intended use of the property;
- the legal basis for any temporary nature of the tenancy;
- an inspection report and inventory at the start;
- clear agreements on maintenance and alterations;
- a clear exit: term, notice periods and the condition in which the property must be returned.
Which financial and regulatory checks are needed?
Companies that let homes, for example to their own employees, must comply with the same rent rules as other landlords, including the points system and the Good Landlordship Act. Companies that rent homes should check that the rent and service charges are correct.
Important points are:
- a correct rent calculation, including a points calculation where required;
- transparent financial records;
- documentation of how the rent was determined;
- periodic checks of compliance with changing rules;
- the tax and payroll consequences of providing housing to employees, which should be checked with a tax adviser.
Municipalities can investigate letting practices, including those of companies, so keep proper records and be able to justify the rent and the structure of the contract.
How do companies manage the risks?
Companies limit the risks of renting property through insurance, contingency planning, legal review of contracts and clear internal procedures. That applies both to business premises and to housing for employees.
Useful measures are:
- adequate insurance for the property, liability and business interruption;
- contingency plans for early termination, vacancy and disputes;
- legal review before signing;
- training for staff who manage properties;
- systematic documentation of contracts, inspections and correspondence.
Companies that combine operational needs with legal compliance, and review their rental portfolio regularly, are best placed to manage their property in a strictly regulated market.
In summary
- Since 1 July 2024, a tenancy of independent living space is in principle concluded for an indefinite period.
- Temporary contracts of up to two years are only possible for designated groups; letting under the Vacancy Act, during a temporary absence, of a room in your own home or for genuinely short-term use remains possible.
- Send the tenant written notice of the end date one to three months in advance; otherwise the contract continues.
- For homes up to 186 points, the maximum rent follows from the points system, and a points calculation must be attached to new contracts.
- Under the Good Landlordship Act, agreements must be in writing, the deposit is limited to two months’ basic rent and municipalities can impose fines.
Frequently asked questions
What are the legal requirements for temporary property rentals in the Netherlands?
Since 1 July 2024, a tenancy of independent living space is in principle for an indefinite period. A temporary contract of up to two years is only allowed for designated groups, such as students and people who need temporary housing because of work, renovation or divorce. Letting under the Vacancy Act, during a temporary absence of the landlord or for genuinely short-term use also remains possible. The contract must be in writing and the landlord must give notice of the end date one to three months in advance.
How can landlords avoid penalties for non-compliance with rental regulations?
Check the tenancy against the statutory exceptions before offering a temporary contract, calculate the maximum rent with the points system and attach the calculation where required, record all agreements in writing, ask no more than two months’ basic rent as a deposit, and follow the municipal rules on holiday and short-stay letting.
What common mistakes should landlords avoid in temporary rental agreements?
Common mistakes are offering a temporary contract without a valid exception, not stating the reason for the temporary nature, forgetting to send the notice of the end date in time, charging more than the points system allows and entering the home without the tenant’s permission. A temporary contract without a valid basis is treated as a contract for an indefinite period.
How can effective communication improve landlord-tenant relationships?
Clear agreements on how defects are reported, prompt repairs, inspections only by agreement and good records of contacts prevent many disputes. They also protect the landlord, because a tenant can claim a rent reduction or carry out repairs at the landlord’s expense if defects are not remedied.
How can Law & More help with temporary letting?
Since 1 July 2024, temporary letting has become considerably more restricted, and a small mistake in the contract or the rent can make a tenancy permanent or lead to a rent reduction. Law & More advises landlords, tenants and companies on rental agreements, the points system and the rules on temporary and short-stay letting, in Dutch and in English. We draft and review contracts and assist in proceedings before the Rent Tribunal and the court. Visit our main site for more information about our real estate practice.
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How Law & More can help you with this is explained on our tenancy lawyer page.
