Temporary Rental Contract in Utrecht: Rules and Duration Limitations
In Utrecht, just like in the rest of the Netherlands, temporary rental contracts have been possible for independent living spaces since 2016. This offers landlords more flexibility, but there are strict rules to protect tenants.
Definition of a Temporary Rental Contract
A temporary rental contract is an agreement that automatically ends after the agreed period, without the landlord needing to terminate it. This is laid down in the Act on the Flow of the Rental Market.
Maximum Term
| Type of Housing | Maximum Term |
|---|---|
| Independent living space | Maximum 2 years |
| Non-independent living space (room) | Maximum 5 years |
The duration of a temporary contract can be shorter, such as 9 months or one and a half years.
Conditions for Temporary Contracts
For a legally valid temporary rental contract in Utrecht, specific requirements apply:
- Written agreement: The temporary nature must be clearly stated in the contract.
- Maximum period: No longer than 2 years for independent and 5 years for non-independent spaces.
- First tenant: Only possible for the first rental to this person.
- Announce end: The landlord must notify the end in time.
Obligation to Notify
The landlord is obliged to inform the tenant in writing about the end of the contract:
- Timeframe: Between 3 months and 1 month before the end date.
- Form: In writing, for example by letter or e-mail.
- Consequences of negligence: The contract is converted into an indefinite term.
Example of Timeline
For a contract from 1 August 2024 to 1 August 2025:
- Notify from: 1 May 2025
- Last moment to notify: 1 July 2025
Termination of the Contract
If the notice is given correctly, the contract ends automatically:
- Tenant does not need to terminate.
- No approval from tenant required.
- No intervention by the court needed.
- Tenant must vacate the property.
No Possibility of Extension
A temporary rental contract cannot be extended with a new temporary contract:
- A subsequent contract automatically becomes indefinite.
- This also applies if the first period was shorter than the maximum duration.
- Exception: Rental to a new tenant.
Early Termination
By the Tenant
In Utrecht, a tenant can terminate early if this is explicitly included in the contract. Otherwise, the tenant must serve the full term or reach agreement with the landlord.
By the Landlord
The landlord cannot simply terminate early, except in cases of:
- Non-payment of rent.
- Extreme nuisance by the tenant.
- Other urgent reasons.
In such situations, the landlord must bring a case before the court, such as the District Court of Central Netherlands in Utrecht.
Protection of Rental Prices
Even for temporary contracts in Utrecht, rental price protection applies:
Social Housing
- Initial rent can be reviewed by the Rent Tribunal (within 6 months).
- Annual increase according to statutory norms.
Private Sector Housing
- No review of the initial rent.
- Rent increase according to the agreements in the contract.
When Does a Contract Become Indefinite?
A temporary contract becomes an indefinite contract if:
- The landlord forgets or notifies too late.
- The tenant continues to live there after expiry and the landlord takes no action.
- A new temporary contract is concluded with the same tenant.
- The maximum term is exceeded.
Rights During the Rental Period
During a temporary contract in Utrecht, the tenant has the same rights as under a permanent contract:
- Right to maintenance by the landlord.
- Protection against excessive rental prices (social sector).
- Right to privacy in the home.
- Protection against discrimination by the landlord.
Practical Questions about Temporary Contracts
Can I leave earlier if I find another home?
This is only possible if the contract contains a termination clause or if the landlord agrees. Always check your rental contract.
Can the landlord refuse extension?
Yes, the landlord is not obliged to extend, provided this is not done on discriminatory grounds.
What if I want to stay after 2 years?
If the landlord re-rents the property to you, the contract automatically becomes indefinite with full rent protection.
Temporary rental contracts offer less security in Utrecht than permanent contracts. Make sure to think about your next home in time.
Local Information in Utrecht
For legal assistance, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. For cases that go to court, the District Court of Central Netherlands is located at Vrouwe Justitiaplein 1.