The end of your job does not automatically mean that you have to leave your rented accommodation immediately. First, it must be established what kind of housing agreement you have and which rules apply to it. Where housing is provided through an employer or an employment agency, tenancy law, employment law and special rules for labour migrants may all come into play.
Nederlands: Lees dit artikel in het Nederlands: Wonen via uw werkgever: moet u vertrekken als het werk stopt?
Türkçe: Bu makaleyi Türkçe okuyun: İşveren aracılığıyla konut: iş biterse konutu terk etmeniz gerekir mi?
The message “no more work, so the room must be empty tonight” therefore deserves a separate assessment. A clause in an employment contract is not enough to conclude, without further investigation, that there is no tenancy protection at all.
Is it a tenancy or another form of accommodation
Look at what was actually agreed: are you given living space for your use, and is there something given in return? A deduction from your wages may be relevant, even if you do not receive a separate rent invoice. The title at the top of a document is not the only factor that determines how the agreement is classified in law.
Genuine employer-provided housing (a dienstwoning), a lodging arrangement or use that is by its nature short-term may call for a different assessment. These exceptions may not be assumed merely because the employer calls the accommodation “temporary”. Gather all documents relating to your work, housing, payments and conditions for leaving.
Special rules for labour migrants
The Good Landlordship Act (Wet goed verhuurderschap) contains specific housing rules for labour migrants who fall within the statutory definition. Not all foreign employees automatically fall within it. For the group concerned, new tenancy agreements and employment contracts must, since 1 July 2023, be laid down separately. The required information must be provided in an understandable way.
The government explains the target group and the obligations on the page Good Landlordship Act for labour migrants. Even if you do not fall within that specific definition, the general rules of tenancy law and good landlordship may offer protection.
What the end of the employment contract means
Assess the end of the employment relationship and your right to live in the accommodation separately. Has your employment contract actually ended? Has the landlord terminated the tenancy in a valid manner? Which party is the landlord: the employer, the employment agency or a separate housing company?
A separate tenancy agreement does not mean that every termination clause is valid. Conversely, under a legally valid special housing arrangement, the same protection as for an ordinary residential tenancy does not always apply. The start date of the contract may also be relevant for fixed-term tenancy. Read more about fixed-term tenancies for expats.
What to do when asked to leave
Ask in writing for the legal basis and the intended end date. State that you want to have your rights assessed before you agree. Keep payslips showing housing costs, messages about the room and proof of payments.
Do not sign a statement that you voluntarily give up the accommodation, or that all issues have been settled, without understanding what it means. If necessary, make a practical arrangement for temporary accommodation, without unintentionally waiving all your claims. An employer or landlord may not resolve a dispute by changing the locks on their own initiative.
Start with an overview of all parties
Where housing is arranged through an employment agency, the employer, a housing company, the owner of the building and a property manager may be different parties. For each party, write down who signed documents, who receives money and who sends you messages about leaving. The person who hands over the key is not always the landlord in the legal sense.
Collect the employment contract, the housing agreement, the house rules, payslips and messages from the period before your arrival. Also keep documents written in another language. If an amount is simply deducted from your wages, note from when this has been happening and what description is used. A clear overview prevents a request under tenancy law from being addressed to someone who only carries out practical maintenance tasks.
The name of the contract is not decisive
A document may be called “lodging”, “accommodation” or “agreement for use” while the arrangements actually made have the characteristics of a tenancy. Conversely, not every bed connected with work is an ordinary residential tenancy. The content, duration, intention and actual performance must be assessed together. So do not show only the first page, but also the clauses on payment, access and leaving.
Special employer-provided housing may put you in a different position if living there is functionally linked to the work. That requires more than a statement that the employer finds the accommodation convenient. Reliance on use that is by its nature short-term must also be examined carefully. A series of extensions or a long period of actual residence can be relevant information, without in itself deciding every question of classification.
Which labour migrants fall under the specific rules
The special provisions of the Good Landlordship Act use a narrowly defined description. These rules concern certain employees from other EU Member States who work in the Netherlands temporarily and have their main residence elsewhere. Nationality alone is therefore not enough to establish whether or not someone falls within the description. Consult the government guidance for labour migrants.
For new agreements under those rules from 1 July 2023, work and tenancy must be laid down separately. This supports a clear separation between the two legal relationships. An employee who does not fall within this specific target group may still have rights under the general tenancy rules. So avoid concluding that there is no protection at all as soon as a special provision does not apply.
Checking housing costs on your payslip
Note the deduction for each pay period and convert it to the same period as the agreed price for the housing. A weekly amount and a monthly amount cannot simply be compared by multiplying by four. Also check whether energy, transport, a deposit and other amounts are deducted separately.
The question of whether a deduction is permitted under employment law is separate from the question of whether the rent and additional costs are correct. Different documents may be needed for each question. Do not sign a general consent to all kinds of future deductions without understanding which amounts are meant. Also have it assessed how a final settlement will be dealt with if the work stops but you continue to live in the accommodation.
A request to leave after dismissal or the end of an assignment
Ask whether your employment contract is actually ending or only your placement with a client company. Next, it must be examined what this means for the housing arrangements. The end of an assignment, illness, dismissal and the expiry of an employment contract are different situations. A standard message from a planner does not in itself answer all the legal questions.
Ask the party requiring you to leave for the contractual basis, the end date and the way in which the termination was communicated. State that you are having your legal position assessed. Keep messages announcing immediate deregistration, deductions from wages or a change of locks. Such measures must be assessed separately; they do not automatically become lawful because there is an employment dispute.
Example of a response to a request to leave immediately
A message might read: “You write that I must leave the accommodation at [address] on [date] because my work is ending. Please send me the agreement and the clause on which you base this, the identity of my landlord and the grounds for the end date stated. I am having my position under employment law and tenancy law assessed, and by this message I do not agree to termination or to any waiver of rights.”
Add any acute practical problems, for example that you do not yet have anywhere else to sleep or that your belongings are still inside. Ask for a written interim arrangement if temporary accommodation is possible. That arrangement should make clear which payment and period apply and which matters are not yet being settled definitively. A general form for “voluntary departure” may be too broad for that purpose.
Language and evidence for verbal agreements
If you do not fully understand a conversation, ask for a written explanation and a translation of the important clauses. Note who was present at the conversation and what you believe was agreed. Confirming it yourself by email can help to bring any lack of clarity to light in good time. Keep the original text alongside the translation, so that differences can be checked later.
For a legal conversation, preferably use someone who can translate the content accurately and has no conflicting interest. A manager who is also negotiating on behalf of the landlord is not automatically a neutral interpreter. Specific comprehensibility requirements apply to the special information obligations. Even outside those rules, it is wise not to sign any termination or final settlement whose meaning you do not fully understand.
Example in which work and housing turn out differently
Suppose an employee rents a room from a separate company through an employment agency. The assignment at a factory ends, but the employment contract and the room rental each have their own terms. This fictitious example shows why three documents must be examined separately: the message about the assignment, the employment contract and the housing agreement.
The outcome cannot be inferred merely from the end of the job placement. It must also be checked who receives the rent, which end clause applies and how it is being applied. If you are threatened with being locked out, urgent help to regain access is needed alongside the assessment of the substance. See landlord changes the locks for more information.
Frequently asked questions about housing through an employment agency
Do I have rights without a separate tenancy agreement
You may do. The arrangements actually made and the payments also count. Evidence is then particularly important.
Do the special rules apply to every expat
No. The statutory definition is more specific. General tenancy rules may, however, apply.
May housing costs be deducted from my wages
That requires a separate assessment under employment law, including against the rules on wage protection and the agreements made. A deduction does not in itself prove that the amount is lawful.
Can I ask for help if I do not understand Dutch well
Ask for an explanation of the documents and, if necessary, bring a translation when your case is discussed. Special comprehensibility requirements apply to certain mandatory information.
Do I lose my room as soon as my assignment ends
Not automatically. The end of an assignment is not necessarily the same as the end of your employment contract or your housing agreement. Have the documents and the arrangements actually made examined together, and ask the party requiring you to leave for specific reasons.
Can an employer also be my landlord
Yes, but the two roles entail different obligations. An employment dispute does not in itself decide your right to live in the accommodation. Also check whether, legally, the same company is the contracting party or whether a separate housing company is used. That partly determines whom you must hold to account.
Do I have to accept a new room in the same complex
That depends on the content of your agreement and the circumstances. An ordinary tenancy of a particular living space is something different from an accommodation arrangement structured in another way. Ask what basis is given for the transfer and what consequences it has for the price, facilities and use.
Can I get help without having all the documents
Yes. Start with the documents that are available, such as payslips, proof of payment and messages about the room. Request any missing agreements in writing. If you need urgent help, say straight away which departure date or measure has been announced, so that deadlines and access can be given priority.
Have work and housing assessed together
A request to leave can have major consequences for both your income and your housing. Discuss both agreements with Arslan Advocaten, so that solving one problem does not unintentionally weaken your position on the other.
