Temporary tenancy agreement: when is it allowed and when does it end?
Since 1 July 2024, a tenancy agreement for an indefinite period is once again the main rule for residential accommodation. A contract with an end date no longer ends merely because the rental period has expired (article 7:271(1) of the Civil Code). Temporary letting is now only allowed in a limited number of situations designated by law, for no more than two years, and even then only if the landlord gives notice of expiry in time. Contracts concluded before 1 July 2024 remain subject to the old regime.
Does your temporary contract really end? Check it in one minute with the notice of expiry check.
What you can do now
- Look up the date on which your tenancy agreement was concluded. That is the dividing line, not the start date of an extension.
- Check whether the contract states a ground for the fixed term, and which one.
- Have you received a letter about the end? Check when it was sent and whether that fell within the window of three months to one month before the end date.
- Check the deposit against the basic rent.
- If you doubt whether the ground is correct, have the contract assessed before you make any arrangements about leaving.
What changed on 1 July 2024
The Permanent Tenancy Agreements Act (Wet vaste huurcontracten) reversed the starting point. Since then, article 7:271(1) of the Civil Code has provided that a tenancy entered into for a fixed period does not end merely because the rental period has expired. Note the wording: the law does not say that the contract is deemed by operation of law to have been entered into for an indefinite period, but that it does not end automatically. The practical consequence is the same. You retain full security of tenure, and the tenancy can only be terminated on the grounds of article 7:274 of the Civil Code.
If a contract presented as temporary does not meet a statutory exception, ordinary security of tenure applies in principle, even if there is an end date on paper. An end date in itself therefore no longer means anything.
When is temporary letting still allowed?
Residential accommodation can still be let temporarily under article 7:271(2) of the Civil Code, but only for two years or less and only to persons in categories designated by order in council: the Besluit specifieke groepen tijdelijke huurovereenkomst (Decree on specific groups for temporary tenancy agreements). These include, among others, students renting temporarily in another municipality, people living elsewhere temporarily because of renovation, people leaving social shelter or in a social emergency, second-chance tenancies after an earlier termination, surviving relatives of a deceased tenant, separation situations and permit holders (statushouders) coming directly from COA reception.
In addition, there are a few separate routes:
| Route | What it is about | Legal basis |
|---|---|---|
| Designated groups | Temporary contract of no more than two years for a category of tenants designated by law | Art. 7:271(2) Civil Code in conjunction with the Besluit specifieke groepen |
| Target group contract | Letting to, for example, students, young people or older people, with its own ground for termination | Art. 7:274c to 7:274f Civil Code |
| Short-term by nature | Narrow exception for genuinely short-term use; not a general short-stay route | Art. 7:232(2) Civil Code |
| Vacancy Act (Leegstandswet) | Temporary letting of buildings due to be demolished or renovated, with a municipal permit | Vacancy Act (Leegstandswet) |
What is not on the list is at least as important. A temporary employment contract, an expected stay of two years, a landlord who “may want to sell” the property or the fact that you come from abroad: none of these is a designated ground. Source: Dutch government (Rijksoverheid), types of tenancy agreements for a home.
Which regime applies to your contract?
| Contract concluded | What applies |
|---|---|
| Before 1 July 2024 | Old regime: a temporary contract of no more than two years (self-contained accommodation) or five years (non-self-contained accommodation, such as a room) ends after proper notice of expiry |
| On or after 1 July 2024 | An indefinite period is the main rule; temporary only under a statutory exception and then for no more than two years |
Notice of expiry is not the same as notice of termination
With a permitted temporary contract, everything depends on the notice of expiry. Article 7:271(2) of the Civil Code requires the landlord to inform you in writing, no earlier than three months but no later than one month before the fixed period expires, of the day on which the tenancy ends. It is a window, not a deadline: giving notice too early does not count either.
If the landlord fails to do so, the tenancy agreement is extended for an indefinite period after expiry. The same consequence arises if a new contract is concluded with the same tenant immediately afterwards. On the landlord’s side, this is the most frequently missed time limit in tenancy law, and for you it is the difference between leaving and staying. Keep the letter and proof of the date on which you received it.
The difference from notice of termination is fundamental. A notice of expiry confirms that a permitted temporary contract ends on the agreed day. A notice of termination ends an ongoing tenancy agreement and is only possible on one of the grounds of article 7:274 of the Civil Code, such as urgent own use or breach of contract. If you receive a letter, first check which of the two it is: that determines which defence you have.
As a tenant, you may terminate a permitted temporary contract early, effective on a day on which rent is due and observing the notice period.
If the contract continues after all
If your contract continues for an indefinite period, because there was no valid ground or because notice of expiry was not given in time, more changes than just the end date. You then have full security of tenure: the landlord can only terminate on a statutory ground, you do not have to agree, and without your consent he must go to court. Eviction in principle always requires a court judgment and a bailiff.
So do not respond by signing a departure arrangement before it is clear what position you actually have. If you agree to termination yourself, you give up that protection.
*Further reading: Your landlord terminates the tenancy or announces eviction.*
Deposit and rent with a temporary contract
Temporary or furnished letting does not change the statutory maximum for the deposit. For contracts from 1 July 2023, the maximum is two months’ basic rent (article 7:261b(2) of the Civil Code); for older contracts, the Dutch government (Rijksoverheid) states a maximum of three months’ basic rent. That maximum is mandatory law under article 7:265 of the Civil Code.
For the rent, the six-month time limit of article 7:249 of the Civil Code applies, with one difference depending on the contract date: a temporary contract from before 1 July 2024 can still be reviewed up to six months after it ends, a contract from on or after that date only within six months.
*Further reading: How much deposit may a landlord ask and Am I paying too much rent?*
Where it goes wrong in practice
- The end date is read as an end. Since 1 July 2024 that is no longer the case.
- The ground is missing or incorrect. A reference to “temporary letting” without a designated category does not hold up.
- The notice of expiry is too early or too late. Both lead to an extension for an indefinite period.
- A new contract immediately afterwards. That still turns the tenancy into one for an indefinite period.
- Agreeing under time pressure. A signature under a termination is difficult to reverse.
Frequently asked questions
My tenancy agreement has an end date. Do I have to leave then?
Not automatically. Since 1 July 2024, a tenancy entered into for a fixed period does not end merely because the rental period has expired (article 7:271(1) of the Civil Code). Only a permitted temporary contract, with proper and timely notice of expiry, ends on the agreed day.
When may a landlord still offer a temporary contract?
Only for no more than two years and only to tenants in a category designated in the Besluit specifieke groepen tijdelijke huurovereenkomst (Decree on specific groups for temporary tenancy agreements). In addition, there are target group contracts, tenancies that are short-term by nature, and letting under the Vacancy Act (Leegstandswet).
What is the difference between notice of expiry and notice of termination?
A notice of expiry confirms that a permitted temporary contract ends on the agreed day. A notice of termination ends an ongoing tenancy agreement and is only possible on one of the statutory grounds of article 7:274 of the Civil Code.
What happens if the landlord does not give notice of expiry, or gives it too late?
Then the tenancy agreement is extended for an indefinite period after the fixed period expires. The notice of expiry must be given in writing no earlier than three months and no later than one month before the end date.
May I terminate early myself?
With a permitted temporary contract you may, effective on a day on which rent is due and observing the notice period. Check your contract to see which notice period has been agreed.
Does this also apply to a room?
Under the old regime, non-self-contained accommodation had a longer maximum term of five years. For contracts from on or after 1 July 2024, here too an indefinite period is the main rule and temporary letting is only possible under a statutory exception.
Want to talk it through?
Call 070 450 0300 or send your tenancy agreement and the letter you received via our contact form. The first consultation is free of charge and confidential. We have six offices and can also help you in Turkish, Polish and English. More about our services: tenancy law. If you are an expat, also read Expats and temporary tenancy agreements.
Tenancy law in your city. Whether your contract is really temporary is linked to study, work or residence — and therefore often to the city in which you rent: Tenancy lawyer Utrecht · Tenancy lawyer Eindhoven · Tenancy lawyer Amsterdam. The full overview can be found on our page on tenancy law.