Converting Temporary Lease to Indefinite Term in Utrecht
Converting a temporary lease agreement to an indefinite contract in Utrecht means that you and your landlord agree that the lease agreement does not end on the agreed date, but continues without an end date. This is useful if you want to stay in your Utrecht property for a longer period and the landlord cooperates. This article provides explanation on the procedure, relevant laws, and local tips for Utrecht.
Meaning of Conversion from Temporary to Indefinite Contract
A temporary lease agreement ends automatically on the end date, for example for temporary housing in Utrecht such as student rooms or expat properties. Upon conversion to an indefinite contract, the lease continues until termination by one of the parties.
This often happens when:
- The contract expires and you want to continue living in Utrecht.
- The landlord agrees to continuation without an end date.
- You enter into an addendum or new agreement.
Legal Rules
The basis is in the Civil Code Book 7. Relevant articles:
- Art. 7:237 CC: Termination and notice periods for indefinite term.
- Art. 7:238 CC: Conditions for temporary lease and extension.
- Art. 7:240 CC: Automatic transition upon untimely termination (limited).
In Utrecht, for social housing (housing associations), the Tenancy Act applies with additional tenant protection. Private sector properties (often in Utrecht Centre or Kanaleneiland) have less regulation.
Conditions for Conversion in Utrecht
Conversion is possible under these conditions:
1. Consent of Both Parties
Tenant and landlord must agree. Record this via email, letter, or addendum. For associations in Utrecht such as Portaal or Bo-Ex, written confirmation is standard.
2. No Automatic Extension
An exceeded end date does not automatically result in an indefinite term without agreement. Continue paying to avoid tolerated tenancy. In disputes: contact the District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht.
3. Notice Periods After Conversion
| Type of Lease | Tenant Notice Period | Landlord Notice Period |
|---|---|---|
| Private Sector (Utrecht) | 1 month | 1 month (or contractual) |
| Social Housing Utrecht | 1 month | 2-3 months |
Rights and Obligations in Utrecht
After conversion, you retain rent protection. Maximum rent increase 4.1% in 2024 (liberal formula for private sector). In case of problems: free advice at Juridisch Loket Utrecht, Catharijnesingel 55. You can also go to Huurteam Utrecht for rent price checks.
Step-by-Step Plan for Conversion
- Contact landlord before end date.
- Propose extension to indefinite term.
- Enter into written amendment (addendum).
- Check rent price via Huurcommissie.
- In case of refusal: consider Woonbond or loket.
Specific to Utrecht: for temporary contracts in new builds (Zoetermeerlaan area), deviating rules sometimes apply.