Temporarily renting out residential space has been possible since July 1, 2016. When you enter into a temporary rental agreement, the tenant has no right to tenancy protection at the end of the rental term. For this reason, the legal rules for entering into a temporary rental agreement are very strict. Unfortunately, things often go wrong (and tenants end up having tenancy protection after all). It is therefore important that the landlord acts correctly.

The First and Second Chambers have decided that there will be fewer temporary rental contracts. As a landlord, you will then only be allowed to offer a temporary contract in a few exceptional situations. Unfortunately, the date on which these changes will take effect is not yet known.

Maximum duration and no extension

The maximum duration of a temporary rental agreement is two years for independent residential space (with its own entrance, kitchen, toilet, and washing facilities) and five years for non-independent residential space. The rental agreement must clearly state that it is a temporary rental agreement for a predetermined temporary period. A temporary rental agreement can only be entered into with the same tenant once (!) (so no extensions). A subsequent temporary rental agreement with the same tenant will always be considered a rental agreement for an indefinite period.

The law requires that the landlord informs the tenant in writing of the day on which the rental agreement ends, no earlier than three months but no later than one month before the end date of the rental agreement. If this is forgotten, the rental agreement does not end (and the tenant enjoys tenancy protection). So, landlords need to be careful.

The tenant can terminate

The law stipulates that the tenant can terminate a temporary rental agreement (mid-term) on a date agreed for the rent payment (usually 1 month). The landlord cannot terminate the rental agreement mid-term.