The new Law on Fixed Rental Contracts: end of temporary rentals?

For years it was the most normal thing in the world: you sign a rental contract for 2 years, and after that... well, hope you can stay. For many tenants, this meant constant uncertainty. But there is good news. Since July 1, 2024, the "Fixed Rental Contracts Act" has been in force. The temporary rental home is (largely) a thing of the past.

The government wants renting to offer security again. After all, a house is for living in, not for borrowing for a while. But as with any law, there are exceptions and fine print. What does this mean specifically for your situation?

1. The New Norm: Indefinite Period

Are you offered a rental contract after July 1, 2024? Then, in principle, this must be a contract for an indefinite period. This means that the landlord cannot simply terminate it. You as a tenant have full rent protection from day one.

2. The Exceptions: Who still gets temporary?

Of course, there are situations where temporary rental still makes sense. The law makes exceptions for specific target groups:

• Students: They can still get a campus contract or temporary contract (because they move again after their studies).
• Youth and starters: Temporary arrangements sometimes still apply here (e.g. 5-year contracts with housing associations).
• Urgent own use (Interim rental): Is the landlord going on a world trip for a year himself? Then he may rent out his house temporarily via the "diplomat clause". He must return though.
• Lodger rental (Hospita): If you live in someone's house, temporary rules (and the probation period) continue to apply.
• Holiday rental: Airbnb and short stays fall outside this.

3. Do you have a contract from BEFORE July 1, 2024?

The law does not apply retroactively.

• Did you sign a 2-year contract in 2023? Then this remains valid as a temporary contract. It ends by operation of law on the end date.
• Pay attention to the notification duty: The landlord must inform you in time (1 to 3 months before the end) that it stops. Does he not do that or too late? Then your contract automatically changes into a contract for an indefinite period! 🎉

4. I have a "temporary" contract, but do not fall under the exceptions.

Some landlords try to get around the law by inventing creative constructions. "Short stay", "usage agreement", or simply ignoring the rules.

Did you sign after July 1, 2024 and are you not a student/tourist/expat in interim rental? Then there is a 99% chance that your contract is legally simply permanent, whatever it says on paper. The landlord cannot kick you out. Don't be intimidated!

5. Cancelling: What are YOUR rights?

As a tenant you have a lot of freedom.

• Permanent contract: You may cancel every month (with 1 month notice period).
• Temporary contract (old style): Surprise! Even here, as a tenant you may cancel every month in the interim. Many landlords claim otherwise ("you have to sit out the ride"), but the law says you can. The landlord, on the other hand, must wait until the end.