Temporary Rental of Residential Space in 2025: Opportunities and Limitations

Before 1 July 2024, it was possible to agree on a one-off fixed-term tenancy agreement for residential accommodation for a maximum of two years. However, since the introduction of the Fixed Tenancy Agreements Act on 1 July 2024, a fundamental change has been made to Dutch tenancy law. Whereas temporary tenancy agreements were common in the past, the new law requires landlords to offer fixed-term tenancy agreements in principle. This has far-reaching consequences for both landlords and tenants. Here we discuss the essentials of what you need to know about renting residential accommodation for a fixed term.

The Fixed-Term Tenancy Agreements Act

The Fixed-Term Tenancy Act is intended to offer tenants greater security and stability. Under the new rules, the starting point is that new tenants must be offered a fixed-term tenancy agreement, unless a specific exception applies. A fixed-term tenancy agreement offers rent protection to the tenant, which means that the landlord cannot simply terminate the tenancy agreement.

In principle, temporary tenancy agreements are no longer possible under this Act, unless there is a legally permitted exception. This means that landlords must adapt their letting strategy and be well informed about the rules and options.

Exceptions to the main rule

Although fixed-term tenancy agreements are the norm, there are a few exceptions where temporary rentals are still permitted. Below, we discuss the most important situations in which temporary tenancy agreements are possible.

1. Temporary tenancy agreement concluded before 1 July 2024

The new law only applies to rental agreements concluded after 1 July 2024. For tenants with a temporary rental agreement that commenced before this date, the agreement remains valid until the agreed end date. The condition is that you, as the landlord, inform the tenant in writing in good time about the end of the tenancy. As a landlord, you cannot terminate the contract prematurely, but the tenant does have the option to do so. If the temporary tenancy agreement is extended after the agreed rental period, it will automatically be converted into a permanent contract. In that case, the tenant will enjoy full rent protection.

2. Temporary rental under the Vacancy Law

The Vacancy Law offers landlords the option of temporarily renting out a property, for example in the following cases:

• Properties for sale: Properties that are for sale but have not yet been sold can be temporarily rented out under the Vacancy Law.
• Properties to be renovated: Housing associations and private landlords may temporarily let properties if they are to be renovated or demolished in the future.

A permit from the local authority is required for temporary letting under the Vacancy Law. In addition, specific conditions apply, such as a maximum rental period and restrictions on rent protection for the tenant.

What are the conditions for temporary letting under the Vacancy Law?

Anyone who wants to let their property temporarily under the Vacancy Law cannot simply do so. You always need a permit from the local authority, which you will only receive if the property meets specific conditions. For example, the property must be for sale, intended for demolition or major renovation. Without a licence, the rental is invalid and the tenant still enjoys rent protection, with all the consequences that entails. In addition, the rent is fixed for a limited period and you must record the agreements in writing, including a clear end date. So don’t wait until a tenant suddenly doesn’t want to leave. Make sure your contract and permit are in order.

3. Campus contracts

For student accommodation, landlords can use so-called campus contracts. These contracts are specifically intended for students and may be terminated when the tenant is no longer a student. Landlords may request proof of enrolment at an educational institution on an annual basis. As a tenant, you have three months to provide proof of enrolment.

What rights and obligations do landlords have with campus contracts?

If you rent to students, the campus contract offers a solution. But beware: this type of agreement comes with strict rules. You may terminate the tenancy agreement as soon as the tenant is no longer a student, but you must be able to substantiate this. That is why you may request proof of enrolment at an educational institution each year. If the tenant fails to do so within three months, you may take steps to terminate the agreement. At the same time, as a landlord, you remain responsible for providing safe and well-maintained accommodation, just as with any other tenancy agreement. Don’t forget that the termination must be done carefully and in a timely manner. Otherwise, you will still be left empty-handed.

4. Renting out rooms in your own home (hospitaverhuur)

A common situation is renting out rooms in your own home. This type of rental often falls outside the rules of fixed tenancy agreements, because the tenant does not have exclusive rights of use over the entire property. This allows landlords to retain more flexibility.

5. Temporary letting of a second home

If a landlord owns a second home that is not intended as a main residence, temporary letting may be permitted in some cases. This applies, for example, when the property is used as a holiday home. Landlords must, however, take into account any municipal regulations and tax implications.

6. Subletting

Are you temporarily absent due to holiday, work or study? In that case, you can choose to temporarily let your property under a so-called diplomatic clause. This arrangement means that your tenant will leave the property as soon as you return. It is important to make clear agreements with the tenant about this. This form of rental is often used, for example, by expats who are temporarily moving abroad for work. In the case of a temporary rental agreement, the tenant does not have the option of terminating the contract prematurely.

Conditions and points to consider for temporary rentals

When drawing up a temporary rental contract, it is crucial to comply with the legal requirements. The most important points to consider are:

• Clear written agreements: The rental contract must explicitly state that it is a temporary agreement and the reason for this.
• Maximum duration: Temporary rental contracts are subject to a maximum rental period. For a campus contract, for example, this is for as long as a student is enrolled at an educational institution.
• Termination and renewal: A temporary rental contract cannot simply be renewed. At the end of the term, the landlord must choose between a fixed contract or terminating the lease.
• Municipal permits: In some situations, such as renting under the Vacancy Law, a permit from the municipality is required. Without a permit, the rental is unlawful and may result in penalties.

Conclusion

The rules for temporary rental of residential accommodation are stricter than ever. The Fixed-Term Tenancy Act obliges landlords to offer fixed-term tenancy agreements in most cases. However, there are a few exceptions, such as letting under the Vacancy Law, campus contracts and letting your own home when staying abroad temporarily. It is essential that landlords are aware of the conditions under which a property may still be let for a fixed period.

Do you have questions about temporary letting or would you like to know how you can continue to let flexibly within the current legislation?

The specialists at Fruytier Lawyers in Business are happy to assist you. For tailored advice, please contact one of our solicitors by email, telephone or the contact form for a no-obligation initial consultation.