Residential lease agreement

Drawing up a rental agreement for residential property requires specialized legal knowledge. With laws and regulations constantly changing, it is essential for landlords to understand their position and protect it. Our tenancy law attorneys will work with you to develop a strategic approach to the rental agreement.

When is a rental agreement for residential property in place?

A rental agreement exists when the landlord makes a property available to the tenant in exchange for something. This consideration is almost always payment of a sum of money. If either of these requirements is not met, then it is not a rental agreement but rather a loan agreement.

A rental agreement does not have to be in writing. A verbal rental agreement is also legally valid. However, without a written record, it is difficult to prove details such as the amount of the rent or the length of the agreement. This increases the risk of conflict and is therefore not recommended.

Duration of the rental agreement: fixed or indefinite

On July 1, 2024, the Fixed-Term Rental Agreements Act took effect.
Since then, rental agreements for an indefinite period have once again become the norm. This applies to both independent and non-independent dwellings. However, an exception has been made for specific groups. If a tenant falls into one of these groups, they are permitted to enter into a fixed-term rental agreement for up to two years. These groups include:

1. Students;
2. Tenants who must live elsewhere temporarily due to urgent work or renovation of their home.
3. People leaving social assistance;
4. Tenants with whom the landlord enters into a second chance contract;
5. Orphans and surviving relatives;
6. Divorced parents.
7. Tenants who work on the Wadden Islands;
8. Permit holders who come directly from a COA reception center and are awaiting permanent housing.

Additionally, it is possible to enter into a temporary lease agreement in the following situations:

• Rental under the Vacancy Law - such as temporary rental of homes for sale or demolished buildings.
• Rental with a diplomatic clause - where the landlord is temporarily absent due to work or residence abroad.
• Target group contracts – aimed at specific categories of tenants, such as students or young people, whereby the rental agreement ends when the tenant no longer belongs to the target group.
• Hospitaverhuur - where the landlord and tenant live in the same property and share communal facilities.
• A tenancy agreement for short-term use - such as a vacation home rented out for a short period, is also possible.

Questions about a residential tenancy agreement?

Our tenancy law attorneys will be happy to advise you on the possibilities and conditions of the exceptions. This will prevent a temporary rental agreement from unintentionally turning into an agreement for an indefinite period.