Many expats think that their tenancy agreement in the Netherlands can be terminated just like that as soon as the landlord wants. Fortunately, that is not the case. In the Netherlands, there is a strong system of tenant protection,, also for expats. The tenancy law attorneys of Arslan Advocaten
explain what tenant protection entails, in which cases the landlord can terminate the tenancy and how you, as an expat, can defend yourself.
What is tenant protection?
Tenant protection means that a landlord cannot simply terminate the tenancy. The law gives tenants – including expats – strong rights. In most cases, the landlord can only terminate the tenancy through the courts, and only for a statutory reason.
Validity of oral tenancy agreements and tenant protectionSometimes rental arrangements are not put in writing, but made only orally. You may wonder whether, as a tenant, you also enjoy tenant protection in that case. The good news: oral tenancy agreements are also valid in Netherlands. That means that as an expat – even without a written contract – you are protected against arbitrary termination.
However, there is a catch: a verbal agreement can be difficult to prove if a dispute later arises with your landlord. Therefore, we always advise collecting as much evidence as possible, such as emails or rent payment receipts. Even better is to record everything in a written contract. That way you avoid hassle later and you are in a stronger position should a conflict arise.
What happens to tenant protection when the head lease ends?A frequently asked question is what happens to your tenant protection when the lease between the head tenant and the landlord expires, for example in the case of subletting. Good news: even as a subtenant you are protected.When the head tenant’s lease ends, this does not automatically mean that as a subtenant you are left on the street without rights. In many cases you then step into the shoes of the head tenant. The landlord then becomes your direct contractual partner and you retain your tenant protection, provided you can demonstrate that you actually live in the dwelling with the head tenant’s permission.
Note: in some situations the landlord will contact you to discuss or amend the contract. Make sure you have proof of your sublease (think of rent payments made or written agreements), so that you are not faced with surprises. This way your position as a tenant remains strong, even when the arrangement changes.
As a subtenant, do I have a right to tenant protection?As a subtenant, you are not without rights. Tenant protection also applies when you rent a home from another tenant – and thus not directly from the owner – for example, an apartment in Amsterdam or a flat in Utrecht.
- In concrete terms:Your sublandlord must comply with the rules of tenancy law
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- Is the main lease with your sublandlord terminated? Then, in many cases, you automatically become the new tenant for the head landlord (the owner of the home). This way, your housing security is safeguarded as much as possible.
Even if you are a subtenant, the landlord must have a legal reason to terminate your tenancy, and court intervention is usually required.
In short: Whether you live directly or through subletting, Dutch law offers serious protection against being summarily put out on the street.
Do I have a right to rent protection if I rent a vacation home?The short answer: no, when renting a vacation home, apartment, hotel room, or caravan for a short period, rent protection does not apply. It does not matter whether you rent a cozy summer cottage on Texel rent, a chic Airbnb in Amsterdam book, or an armchair in a static caravan on the Veluwe claims—as long as it concerns temporary recreational stays, the law does not provide you with tenancy protection as with regular residential accommodation.That means that the landlord can terminate the stay at the end of the agreed period without court intervention. As a tenant, you therefore have little protection in such a situation should the owner wish to take back the holiday accommodation for themselves or rent it to the next holidaymaker.So pay close attention to the duration and purpose of the rental when you book a holiday home; for expats who want to live permanently or for a longer period in the Netherlands
want to live, a different (and much stronger) legal framework applies.
Do my partner and housemates also have a right to tenancy protection?Yes, your partner and housemates generally enjoy tenancy protection as long as they live in the home with you. This means they cannot simply be put out on the street as soon as the primary tenant leaves or dies. As long as one of you is officially a tenant, the landlord cannot simply terminate the tenancy for the remaining occupants.Should you unfortunately pass away, in many cases there is also the possibility for your partner or housemate to take over the lease. Some conditions do apply, such as a certain duration of cohabitation or registration at the same address. It is therefore advisable to discuss this in time, so that you know where you stand.For more information and personal situations, you can always seek individual legal assistance—for example, through a tenancy law attorney from Arslan Attorneys
.
Am I entitled to tenant protection if I live in service accommodation?Not always. If you are an expat living in a home that you via your employer rent and to which your position is tied—in other words, service accommodation—different rules apply. For service accommodation, tenant protection is limited. Usually, your tenancy ends when your employment ends. In other words, you cannot automatically count on the usual tenant protection; the employer
may terminate the tenancy as soon as your job ends. Keep this in mind if you accept a position that includes housing.
As a room tenant, do I have a right to subtenant protection?This is a frequently asked question, especially among expats who rent a room within a home, for example via a landlady or direct subletting. Unfortunately, the answer is often disappointing: as a room tenant, you do not have subtenant protection in the Netherlands. This means that when the rental contract between the main tenant (your room landlord) and the owner of the home ends, your right to rent the room automatically lapses.
- Important to know:
- Your tenancy agreement simply ends when the main lease ends, even if you have always paid on time.
- This also applies if you rent from a live-in host (i.e., when the main tenant also lives in the property).
In such cases, you have no right to remain in the property unless written agreements have been made with the owner themselves.Renting a room can therefore involve uncertainty. Do you have doubts about your rights or your situation? Then always contact a specialist tenancy lawyer, such as our team at Arslan Advocaten
, for tailored advice.
When does normal tenant protection apply to live-in-landlord rentals?In live-in-landlord rentals—so when you rent a room in the landlord’s home—you start with a probationary period of nine months. During this period, tenant protection is limited: the landlord may terminate the tenancy without a specific reason, with a notice period of three months.
After these nine months, however, something important changes. From that moment, full tenant protection applies to you, just like for other tenants. The landlord can then terminate the tenancy only if there is a valid legal reason. Do you disagree with the termination? Then only a judge can decide whether the tenancy actually ends.
Do I have tenant protection during the first 9 months with lodger rental?With lodger rental – so if you rent a room in the landlord’s own home – different rules apply than for a regular rental property. In practice, as a tenant you have no tenant protection during the first 9 months. This means the landlord can terminate the contract during this trial period without stating a reason. Of course, he or she must still observe a notice period of 3 months.After these first 9 months, the situation changes. From that moment on, you do benefit from the standard tenant protection. The landlord may then only terminate the tenancy for a statutory reason, and if you disagree, a judge will ultimately decide. In this way, after the trial period you are just as well protected as other tenants in the Netherlands
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When can a landlord terminate the tenancy?
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A landlord can terminate the tenancy only in the following cases:
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Temporary tenancy agreement that ends lawfully
Since 2016 it has been possible to enter into temporary contracts (e.g., 1 or 2 years). At the end, the landlord can end the contract, but they must give timely notice.
With a temporary tenancy agreement, tenant protection applies up to the agreed end date. The landlord may not terminate the contract prematurely during this period. The tenancy ends automatically after the agreed term, provided that the landlord complies with the notice requirement.
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Note: the landlord must give written notice that the contract actually ends. This must be done at least 1 month and at most 3 months before the end date. If the landlord does not do this or does it too late, the temporary contract is automatically converted into an open-ended contract – and full tenant protection then applies.What if the landlord doesn’t give notice on time?
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If the landlord forgets to terminate the temporary rental agreement in time, it automatically turns into an open-ended contract. This means that after the temporary contract ends you enjoy the same strong tenant protection as with a standard lease. In other words: you can keep living there, and the landlord cannot simply terminate the lease.
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Owner-occupation
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The landlord wants to live in the property themselves. The court strictly assesses whether this is justified.
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Non-payment or poor tenancy conduct
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For example, if rent is consistently not paid or the property is seriously neglected.
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Urgent owner-occupation
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For example, in case of demolition or renovation that cannot take place with the tenant in place.
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Mutual consent
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If the tenant and the landlord agree on termination.
Can partners or housemates take over the tenancy in the event of death?Suppose you are an expat and you share a rental home with your partner or housemate. What happens to the lease if the primary tenant dies unexpectedly? Fortunately the Dutch law also provides protection for this.
- In many cases, a partner or housemate can indeed continue the lease, provided certain conditions are met. For example:Registered partnership or marriage
- : If your partner was officially living with you and there was a long-term shared household, he or she can often continue the lease as the primary tenant.Long-term housemates
- : Housemates who can prove they lived together for an extended period and shared the household may sometimes have rights to take over the contract.Registration with the municipality
: It is important that the partner or housemate is registered at the residential address.
Note: it is advisable to discuss your situation with the landlord in good time and, where necessary, seek legal advice. This helps prevent unexpected problems with the continuation of your tenancy agreement.
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Common mistakes by landlords
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Landlords think expats are less aware of their rights and try to terminate contracts mid-term.
Expats often receive “threatening letters” in which the landlord says they must leave within a month. In reality, this is usually only possible through the courts.
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Examples from practiceExpat in Amsterdam:
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received a letter stating that he had to leave the home within a month. The judge ruled that the landlord had no valid reason and the expat could stay.International employee in The Hague:
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temporarily rented a home, but the landlord tried to terminate the contract before the end date. This was declared unlawful.Student in Rotterdam:
faced a threat of eviction due to alleged “nuisance”. The judge ruled this was not the case and the student was allowed to stay.
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Checklist for expats when ending a lease
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📑 Check whether your contract is temporary or indefinite.📅 Check whether the landlord’s notice
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has been given (at least 1-3 months in advance).
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⚖️ Never simply agree to termination.
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📉 Always continue paying the rent to avoid eviction.
👨⚖️ Consult a lawyer immediately if the landlord threatens.
Frequently Asked Questions (FAQ)
1. Can my landlord terminate my lease just like that?
No, only with a lawful reason and usually via the courts.2. Does tenant protection also apply to expats with a temporary contract
?
Yes, but the rules are slightly different. With temporary contracts, the tenancy ends when the term expires, provided the landlord gives timely notice.
3. What if my landlord says I have to leave immediately?
You do not have to leave just like that. Only a judge can decide on eviction.
4. I am an expat and am returning to my home country. Do I need to arrange anything?
Yes, give notice yourself in time, according to the notice period in the contract.
Conclusion
Expats in the Netherlands have the same tenancy protection as other tenants. The landlord cannot terminate the lease just like that. Be aware that only a judge can ultimately decide on eviction.The tenancy law attorneys at Arslan Advocaten
