If your landlord gives notice, the tenancy does not end by itself. Unless you consent in writing, the lease remains in force under Article 7:272(1) of the Dutch Civil Code until the court has ruled finally. The landlord must go to the subdistrict court, and there he may rely only on the grounds stated in his notice.
The rule that determines your position
Many tenants, and international tenants in particular, assume that a notice is the end of the story. In Dutch residential tenancy law it is not. Article 7:272(1) of the Dutch Civil Code provides that a terminated lease, after the day against which notice was given, remains in force by operation of law, unless you gave notice yourself or consented in writing to the termination after the notice.
Your signature is therefore the hinge. If you do not give it, nothing formally changes in your lease and the landlord must put the matter before the court. Paragraph 2 gives him that option only once six weeks have passed since the notice without written consent from you.
This is the most valuable thing you can know about your position: sign nothing before you know where you stand. Consent by e-mail, or a signed termination agreement, gives away what the law gives you.
Formal requirements for the notice
Article 7:271(4) of the Dutch Civil Code prescribes that notice be given by writ or by registered letter. Notice by ordinary e-mail or WhatsApp does not meet that requirement. So first check how you received the notice; if the form is not in order, that is a defence in its own right.
The notice must also state the grounds. That is not optional: Article 7:273(1) of the Dutch Civil Code provides that in reaching its decision the court exclusively takes into account the grounds stated in the notice. The landlord therefore cannot invent a new reason later on.
On what grounds can the court end the tenancy?
Article 7:274(1) of the Dutch Civil Code lists the grounds exhaustively. The court may grant the claim only on those grounds. The most important in practice are that the tenant has not behaved as a good tenant should, and urgent personal use by the landlord — where disposal, that is sale, expressly does not count as urgent personal use.
That last point is important for tenants to know: “I want to sell the property” is not in itself a ground for ending your lease.
Temporary contracts since 1 July 2024
The starting point of Article 7:271(1) of the Dutch Civil Code is that a tenancy entered into for a fixed period does not end merely by the expiry of the rental term. With the Permanent Tenancy Agreements Act, which came into force on 1 July 2024, the temporary residential tenancy has become the exception rather than the main rule.
Paragraph 2 contains that exception: for tenancies of two years or less granted to persons in categories designated by order in council, the tenancy does end by operation of law. But conditions attach to it that are often forgotten:
| Condition from Article 7:271(2) of the Dutch Civil Code | Consequence if the landlord fails to comply |
|---|---|
| The landlord informs you in writing of the end date, no earlier than three months and no later than one month before expiry | The lease is extended for an indefinite period |
| No new agreement is entered into with the same tenant immediately afterwards | If it is, that second agreement counts as an extension for an indefinite period of the first |
| The tenancy was entered into for two years or less and you fall within a designated category | If you do not, paragraph 1 simply applies: notice is required |
That duty to inform is regularly missed in practice. If you received no timely written notification, your contract continues for an indefinite period, with full tenancy protection. So look up the date of that letter before you start packing.
As a tenant you can give notice yourself during such a temporary contract, effective on a day agreed for payment of the rent. The landlord has no such right.
Eviction
If the court dismisses the landlord’s claim, the agreement is extended by operation of law; the court determines whether that is for an indefinite or a fixed period (Article 7:273(2) of the Dutch Civil Code). If it grants the claim, it also sets the time of eviction, and that grant counts as an order to vacate by that time (paragraph 3).
Until that moment you may not be evicted. A landlord who changes the locks, puts belongings outside or blocks access is taking the law into his own hands. If that happens, contact a lawyer immediately.
What to do when you receive a notice
- Sign nothing and consent to nothing in writing. That is the only act that gives away your statutory position.
- Check the form: writ or registered letter, as Article 7:271(4) of the Dutch Civil Code requires.
- Check the grounds. If they are absent or vague, the landlord cannot add anything to them in the proceedings.
- With a temporary contract: find the notification letter and check whether it was sent between three months and one month before the end date.
- Do respond in writing that you do not consent, and keep proof of dispatch. Silence works in your favour, but a clear position prevents misunderstandings.
Frequently asked questions
My landlord says I must leave within a month. Is that right?
Almost never. For residential accommodation the agreement remains in force after a notice until you consent or the court has ruled finally (Article 7:272(1) of the Dutch Civil Code). An announcement that you must leave within a few weeks has no legal effect in itself.
I have a one-year expat contract. Does it end automatically?
Only if you fall within a category designated by order in council and the landlord informed you in writing of the end date in good time. If that notification is missing, your contract has been extended for an indefinite period. The label “expat contract” on paper says nothing about this.
The landlord wants to sell the property. Do I have to leave?
Sale is expressly not urgent personal use within the meaning of Article 7:274(1)(c) of the Dutch Civil Code. Moreover, for residential accommodation, sale does not break the lease: the new owner steps into the rights and obligations of your tenancy.
I am leaving for abroad anyway. Do I still need to respond?
If you genuinely want to go, give notice yourself against a correct date and record the handover and the repayment of the deposit in writing. Consenting to the landlord’s notice can work out less favourably, for instance as regards the date up to which you still owe rent.
What if the landlord evicts me anyway?
Without an eviction judgment and without a bailiff, that is unlawful. You can seek restoration of your quiet enjoyment in summary proceedings and claim damages. Do this quickly and record the situation with photographs, times and witnesses.
Received a notice or an eviction?
Our tenancy lawyers test the notice for form and grounds, mount a defence before the subdistrict court and act where eviction threatens. Read also about tenancy protection for expats, temporary tenancy agreements and our page on tenancy law.
