Many expats rent a property in the Netherlands via a short stay contract. This seems convenient, as it is flexible and tailored to a temporary stay. But legally speaking, there are major pitfalls with short stay. It is often the question: is this tenancy law or more of a hotel situation?

The rental law lawyers of Arslan Advocaten explain what a short stay contract is, which risks expats run and how you can protect yourself.

What is a short stay contract?

A short stay contract is an agreement in which an expat rents a furnished home for a short period, usually 1 to 6 months. This contract form often occurs in cities like Amsterdam, The Hague, Rotterdam and Utrecht.

The landlord often calls this short stay or “temporary housing”. The problem: short stay contracts do not always fall under ordinary tenancy law, which means you have less rent protection.

When is it rent, when is it a hotel situation?

• Tenancy law applicable

  • If you rent a self-contained home (with own kitchen, bathroom, entrance).

  • If the house is your primary residence, even if it’s temporary.

  • Then the rules on deposit, rent and rental protection apply.

• Hotel situation applicable

  • If there is a service that looks more like lodging (for example weekly cleaning, linen service, short stay without own facilities).

  • Then you have NO rent protection.

Risks for expats with short stay

1. No rent protection
   You can be evicted without judicial review, just like in a hotel.

2. High deposit and rent prices
   Short stay is often used to make expats pay extra.

3. Unclear contract terms
   Expats often sign without knowing whether rental law applies.

4. Difficult to recover deposit
   With short stay, deposits are often unduly withheld, with “service costs” or “cleaning costs” as the argument.

Examples from practice

• Expat in Amsterdam: rented via a short stay agency and had to leave after 6 months. The judge ruled that this was actually a rental contract and that the expat had rent protection.

• Expats in The Hague: paid € 500 per month service costs for “short stay services” that were not delivered. These costs were reclaimed.

• International employee in Rotterdam: did not get deposit back after departure. Because the contract was in fact rent, the deposit could still be enforced.

Checklist for expats with short stay

• 📑 Check whether the contract falls under Dutch rental law.

• 📉 Do not pay more than 1 to 2 months deposit.

• 🧾 Ask for a breakdown of service costs.

• ✉️ Ask for written confirmation of termination and conditions.

• ⚖️ Consult a lawyer if in doubt about rental protection.

Frequently asked questions (FAQ)

1. Is a short stay contract the same as a rental contract?
Not always. It depends on the circumstances (independent home or lodging).

2. Do I have rental protection with short stay?
Yes, if the house is your main residence and meets the conditions for rent.

3. Can my landlord ask for more deposit at short stay?
No, the rules for deposit are the same: 1-2 months rent is normal.

4. What can I do if my deposit is not refunded?
You can demand repayment and enforce it through the court if necessary.

Conclusion

Short stay contracts seem convenient, but expats are at risk: no rent protection, high deposit and unclear conditions. Know that in many cases rental law does apply.

The rental law lawyers of Arslan Advocaten help expats with disputes over short stay contracts, deposits and unjust eviction.