Terug naar Encyclopedie
Huurrecht

Temporary Rental Agreement in Westland: Rules and Duration

Learn everything about temporary rental agreements in Westland: the rules, maximum duration (2 years for independent dwellings, 5 years for rooms), notice obligation and tenant rights. Contact Juridisch Loket Westland for advice.

4 min leestijd

Temporary Rental Agreement in Westland: Rules and Duration

In Westland, and elsewhere in the Netherlands, it has been possible since 2016 to enter into temporary rental agreements for independent living spaces. This offers landlords more flexibility, but strict rules apply to protect tenants.

What Does a Temporary Rental Agreement Entail?

A temporary rental agreement is an agreement that automatically ends after the agreed period, without the landlord needing to give notice. This is laid down in the Tenancy Act for the Housing Market (Wet doorstroming huurmarkt).

Maximum Term

Type of DwellingMaximum Term
Independent dwellingMaximum 2 years
Non-independent dwelling (room)Maximum 5 years

The term of a temporary contract may be shorter, such as 6 months or 1.5 years.

Conditions for a Temporary Contract

For a legally valid temporary rental agreement in Westland, the following rules must be complied with:

  1. Written agreement: The temporary duration must be clearly stated in the contract.
  2. Maximum period: No longer than 2 years for independent dwellings or 5 years for non-independent ones.
  3. First letting: Only possible for the first tenant of the dwelling.
  4. Announcing the end: The landlord must timely notify of the end of the contract.

Obligation to Give Notice

The landlord must inform the tenant in writing of the end of the contract:

  • Timing: Between 3 months and 1 month before the end date.
  • Method: In writing, by letter or e-mail.
  • Consequences of failure: The contract is automatically converted to indefinite term.

Example of a Timeline

For a contract running from 1 August 2024 to 1 August 2025:

  • Notice possible from: 1 May 2025
  • Last moment for notice: 1 July 2025

Termination of the Contract

If the notice is given correctly, the contract ends automatically:

  • No termination by the tenant required.
  • No approval from the tenant needed.
  • No court intervention necessary.
  • The tenant must vacate the dwelling.

Extension Not Permitted

A temporary contract cannot be extended with a new temporary contract:

  • A subsequent contract automatically becomes indefinite term.
  • This also applies if the first period was shorter than the maximum duration.
  • Exception: if a new tenant occupies the dwelling.

Early Termination

By the Tenant

In Westland, a tenant can terminate early if this is explicitly included in the contract. Otherwise, the tenant must serve the full term or reach agreement with the landlord.

By the Landlord

The landlord cannot simply terminate early, except in cases of:

  • Non-payment of rent.
  • Serious nuisance by the tenant.
  • Urgent circumstances.

In such cases, the landlord must submit the matter to the court, for example at the District Court of The Hague.

Protection of the Rent Price

Even for temporary contracts in Westland, rent price protection applies:

Social Housing

  • Initial rent can be reviewed by the Rent Tribunal (Huurcommissie) within 6 months of commencement.
  • Annual rent increase according to the statutory limit.

Private Sector Dwellings

  • No review of the initial rent.
  • Rent increase as agreed in the contract.

When Does a Contract Become Indefinite Term?

A temporary contract automatically becomes indefinite term if:

  1. The landlord forgets or gives notice too late.
  2. The tenant remains in the dwelling after expiry without action by the landlord.
  3. A second temporary contract is entered into.
  4. The maximum term is exceeded.

Rights During a Temporary Contract

During the rental period in Westland, you have the same rights as under an indefinite term contract:

  • Right to maintenance by the landlord.
  • Protection against excessive rent prices (social sector).
  • Right to privacy in the dwelling.
  • Protection against discrimination.

Practical Questions

Can I leave earlier if I find another dwelling?

This is only possible if the contract contains a termination clause or if the landlord agrees. Check your agreement carefully.

Can the landlord refuse extension?

Yes, the landlord is not obliged to extend, provided this is not on discriminatory grounds.

What if I want to stay after the term?

If the landlord re-lets to you, the contract automatically becomes indefinite term, with full rent protection.

Temporary rental agreements in Westland offer less security than indefinite term agreements. Make sure to think ahead in time about your next housing step. For legal advice, you can contact Juridisch Loket Westland.