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
-
No rent protection
You can be evicted without judicial review, just like in a hotel. -
High deposit and rent prices
Short stay is often used to make expats pay extra. -
Unclear contract terms
Expats often sign without knowing whether rental law applies. -
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.
Practical Tips for Expats Renting on Short Stay Contracts
When considering a short stay rental in the Netherlands, expats should be particularly vigilant about the terms of their contract and the nature of the accommodation. Here are some practical tips to help you navigate the process safely:
- Check the facilities: Ensure the property has self-contained facilities such as a private kitchen and bathroom. This is crucial to confirm that tenancy law applies, giving you more protection.
- Clarify the contract type: Ask the landlord or agency explicitly whether the agreement is a tenancy contract or a hospitality agreement. This distinction affects your rights significantly.
- Understand rent protection: If your contract falls under tenancy law, you benefit from protections like limits on rent increases and the right to stay during disputes. Without this, you may be evicted with little notice.
- Deposit rules: Tenancy law regulates deposits strictly, usually capped at one or two months’ rent. For hotel-like arrangements, landlords might request higher deposits without legal limits.
- Get everything in writing: Always have a written contract, including an inventory of furniture and condition reports. This helps avoid disputes when you move out.
- Consult a legal expert: If unsure, consult with a lawyer specializing in tenancy law. They can review your contract and advise you on your rights and obligations.
Legal Landscape for Short Stay Rentals in the Netherlands
In the Netherlands, tenancy law is designed to protect tenants, but it primarily applies to long-term housing contracts. Short stay contracts often fall into a legal grey area. The Dutch Civil Code (Burgerlijk Wetboek) distinguishes between rental agreements for residential purposes and hospitality contracts. The latter are governed by different rules, typically offering fewer protections.
For expats, this means that if you rent a property with hotel-like services or shared facilities, your contract may be classified as a hospitality agreement. In such cases, you do not enjoy the strong tenant protections under Dutch law, such as regulated rent increases or eviction protections.
Moreover, municipalities in cities like Amsterdam and Rotterdam have introduced regulations to prevent illegal short stay rentals, especially in popular neighborhoods. Landlords are required to register short stay properties and comply with local housing regulations. Always verify that your landlord is compliant to avoid legal issues.
Examples of Common Short Stay Scenarios
- Expats renting a furnished apartment with their own entrance, kitchen, and bathroom: This is typically considered a tenancy agreement. You have strong tenant protections, including regulated rent and eviction procedures.
- Expats renting a room with shared kitchen and bathroom, plus weekly cleaning and linen services: This often resembles a hotel arrangement or a hospitality contract, where tenancy protections do not apply.
- Corporate housing offered by employers: Sometimes companies arrange fully serviced apartments for employees on short-term contracts. These agreements often resemble hospitality contracts rather than tenancy agreements.
How Arslan & Arslan Advocaten Can Help You
If you are an expat navigating the Dutch rental market, it is essential to understand your rights and avoid pitfalls with short stay contracts. The legal nuances between tenancy law and hospitality agreements can be confusing, but they have significant consequences for your housing security.
At Arslan & Arslan Advocaten, our experienced rental law lawyers specialize in advising expats on short stay contracts and tenancy issues across the Netherlands. We can review your rental agreement, clarify your legal position, and assist you in negotiating better terms or resolving disputes.
Contact us today to protect your housing rights and ensure a smooth stay in the Netherlands.
Frequently Asked Questions
What are the main differences between a short stay contract and a traditional rental agreement?
A short stay contract typically covers temporary, furnished housing for 1 to 6 months, and may not always fall under Dutch tenancy law. A traditional rental agreement usually involves an unfurnished or long-term lease with legal protections under tenancy law.
How can I tell if my short stay contract is legally considered a rental or a hotel situation?
If the property is self-contained with its own facilities and is your primary residence, it likely qualifies as a rental under tenancy law. If it offers services like linen or cleaning without self-contained facilities, it may be treated as a hotel, with less legal protection.
What are the risks for expats when signing a short stay contract?
Expats face risks such as losing rent protection, facing eviction without judicial review, paying high deposits or service fees, and difficulty recovering deposits if the contract is considered a hotel or lodging instead of a rental.
What should I do before signing a short stay contract to protect my interests?
Always verify whether the contract falls under Dutch rental law, request a detailed breakdown of service costs, limit your deposit to 1-2 months, and seek legal advice if you’re unsure about your legal protections or contract terms.