Difference between holiday rental and residential tenancy in Utrecht
In Utrecht, holiday rental falls outside residential tenancy law (Article 7:201 DCC) and offers no tenancy protection. It is intended for temporary recreational use, such as tourists in the Domstad, not for long-term residence. Landlords in neighbourhoods like Lombok or Wittevrouwen sometimes try to circumvent strict rental rules through this model.
Legal boundary in Utrecht
If the occupation in Utrecht lasts longer than a few months or serves as main residence, it qualifies as protected residential space (Supreme Court 15 April 2014, ECLI:NL:HR:2014:123). Utrecht courts strictly examine intention and actual use: look at invoices, municipal personal records registration at the Utrecht address, utility provisions and complete furnishing as indicators. The municipality of Utrecht additionally applies the Housing Allocation Ordinance 2023, which imposes stricter requirements on temporary rental.
Consequences of exceedance in Utrecht
An invalid holiday rental agreement in Utrecht becomes residential tenancy retroactively, including termination and rent price protection. Landlords risk retroactive assessment of regular rent, fines up to €10,000 per violation via the municipality, and forced adjustment. Tenants can block eviction via the Utrecht district court and demand arrears of rent reduction.
For Airbnb-type rental in Utrecht, a tourist permit via the municipality is mandatory (max. 30 nights/year per dwelling); violation leads to penalty payments, closure and publication on the municipality's warning list.