For general information, see Government of the Netherlands information on rented housing.
Does your temporary contract really end? Check it in a minute with the notice check.
Many expats in the Netherlands rent a property with a temporary lease. Landlords and brokers have often used this form of contract to maintain flexibility, but for contracts concluded on or after 1 July 2024 a temporary lease is only allowed for designated groups, and being an expat is not one of those groups. For expats this seems logical: they usually stay in the Netherlands for only a few months or years. However, there are significant risks associated with temporary leases, especially around the deposit, extension and termination.
The rental law lawyers of Arslan Advocaten explain what the rules are and what expats should pay attention to.
What is a temporary lease?
A temporary lease is a rental agreement for a certain period of time, usually:
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Maximum 2 years for independent residences.
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Maximum 5 years for dependent residences (for example, rooms).
These maximum terms apply to contracts concluded before 1 July 2024, which keep the old regime (max. two years self-contained / five years for a room). Since 1 July 2024, a temporary lease is only possible for designated groups (Decree on specific groups) and for at most two years; otherwise the lease counts as open-ended. Being an expat is not one of those groups.
A temporary lease does not end automatically: the landlord must notify you of the end date in writing, no earlier than three months and no later than one month before the end date (Article 7:271(2) DCC). Without timely notification the lease continues for an indefinite period.
Why expats often get a temporary contract
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Flexibility for landlords – they want to be able to terminate easily.
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Expats often lease short – landlords adjust the contract accordingly.
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Little knowledge among expats – landlords take advantage of ignorance about tenant protection.
Pitfalls for expats
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No certainty about extension
Many expats assume that extension goes without saying. Whether the lease continues depends on the landlord’s notification, which must be made in writing, no earlier than three months and no later than one month before the end date (Article 7:271(2) DCC). Without timely notification the lease continues for an indefinite period. -
Unjustly high deposit
With temporary contracts, a higher deposit is often requested, sometimes even 3 or 4 months’ rent. For a residential tenancy agreement concluded on or after 1 July 2023, the deposit may not exceed twice the basic rent (rent excluding service charges) — Article 7:261b(2) of the Dutch Civil Code. This also applies to temporary contracts. -
Confusion about termination
A temporary contract only ends on the end date if the landlord notifies you in writing, no earlier than three months and no later than one month before the end date (Article 7:271(2) DCC). Without timely notification the lease continues for an indefinite period. -
No tenant protection
Expats often think that they have no rights at all. This is not correct: even with temporary contracts, tenant protection against unreasonable conditions or excessive deposit applies.
Examples (illustrative)
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Expat in Utrecht: received a temporary contract of 1 year, with a deposit of 3 months. In such a case a court may rule that this is excessive; the deposit was reduced.
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Expats in Rotterdam: did not receive written confirmation of termination. Therefore, their temporary contract automatically continued for an indefinite period.
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Student-expat in The Hague: paid a deposit and cleaning costs that were not agreed. These were refunded through the court.
Your rights as an expat with temporary contracts
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For a residential tenancy agreement concluded on or after 1 July 2023, the deposit may not exceed twice the basic rent (rent excluding service charges) — Article 7:261b(2) of the Dutch Civil Code. For older contracts, the Dutch government refers to a maximum of three months’ basic rent, based on case law.
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The contract only ends on the end date if the landlord has notified you in writing, no earlier than three months and no later than one month before the end date.
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In case of a dispute, you can go to the subdistrict court (kantonrechter). The Huurcommissie (Rent Tribunal) deals with matters such as the rent and service charges, but does not decide deposit disputes.
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If the landlord did not notify you of the end date in time, or if a new lease with you follows directly, the lease continues for an indefinite period (Article 7:271(2) DCC).
Checklist for expats with temporary contracts
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📑 Check the end date and written confirmation.
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📉 Never pay more than twice the basic rent as a deposit (agreements concluded on or after 1 July 2023).
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✉️ Request an English translation of the contract.
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📷 Document the state of the property upon entering and leaving.
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⚖️ Consult a rental law lawyer in case of doubt or disputes.
Frequently Asked Questions (FAQ)
1. Can a landlord always give a temporary contract to an expat?
No. Since 1 July 2024, a fixed-term lease is only possible for designated groups (Decree on specific groups) and for at most two years; otherwise the lease counts as open-ended. Contracts concluded before 1 July 2024 keep the old regime (max. two years self-contained / five years for a room). Being an expat is not one of those groups.
2. Can a temporary contract be extended tacitly?
Not for a new fixed term. The landlord must notify you of the end date in writing, no earlier than three months and no later than one month before the end date (Article 7:271(2) DCC). Without timely notification the lease continues for an indefinite period.
3. Do I have to pay more deposit with a temporary contract?
No, expats have the same rights. For a residential tenancy agreement concluded on or after 1 July 2023, the deposit may not exceed twice the basic rent (rent excluding service charges) — Article 7:261b(2) of the Dutch Civil Code. This also applies to temporary contracts.
4. What can I do if my landlord does not comply with the rules?
You can enforce your rights through the subdistrict court (kantonrechter). For matters such as the rent and service charges, you can also go to the Huurcommissie (Rent Tribunal); it does not decide deposit disputes.
Conclusion
Temporary rental contracts are often the reality for expats, but they carry risks. Know that you have the same rights as Dutch tenants, also regarding deposit and tenant protection.
The rental law lawyers of Arslan Advocaten assist expats in disputes about temporary contracts, deposits and unjust terminations.
More frequently asked questions
What should I be aware of regarding the end date of my temporary rental contract in the Netherlands?
A temporary lease only ends on the end date if the landlord notifies you in writing, no earlier than three months and no later than one month before the end date (Article 7:271(2) DCC). Without timely notification the lease continues for an indefinite period. For a contract concluded on or after 1 July 2024, also check whether a temporary lease was allowed at all: it is only possible for designated groups (Decree on specific groups), and being an expat is not one of those groups.
Can I be asked to pay a security deposit higher than two months’ rent for a temporary lease?
No. For a residential tenancy agreement concluded on or after 1 July 2023, the deposit may not exceed twice the basic rent (rent excluding service charges) — Article 7:261b(2) of the Dutch Civil Code. This also applies to a temporary lease. For older contracts, the Dutch government refers to a maximum of three months’ basic rent, based on case law. Be cautious if asked for more, as this may be unlawful.
Do I have tenant rights if I have a temporary rental contract in the Netherlands?
Yes, even with a temporary contract, you are protected against unreasonable conditions and excessive deposits. If issues arise, you can enforce your rights before the subdistrict court (kantonrechter). The Huurcommissie (Rent Tribunal) does not decide deposit disputes.
What steps should I take if I want to ensure my temporary lease is properly managed?
Always check the contract’s end date and whether the landlord has notified you of it in writing in time. Retain all communication and, if disputes occur, consider consulting a legal expert.
