contract

Pitfalls in case of a temporary rental contract

the introduction of the “Wet Doorstroming Huurmarkt”, it has become more attractive for landlords to enter into temporary rental contracts now that there is no longer a legal ground for termination. Nevertheless, there are still a number of other strict requirements that must be met. In practice, landlords in particular tend to go sideways on compulsory notice. What should you pay attention to?

Since the introduction of the “Wet Doorstroming Huurmarkt”, it has become possible for landlords and tenants to enter into a temporary rental contract that ends without notice. Previously, a legal ground for termination was also required in the case of a temporary lease. This means that the landlord could only terminate the tenancy agreement for a reason defined by law. Such a reason is no longer necessary to terminate a temporary lease.

Restrictions on temporary leases

Despite the fact that it has now become a lot easier to terminate a temporary lease, there are still restrictions that have to be taken into account. A fixed-term lease may only be concluded once with the same tenant. After all, if it were possible to conclude several temporary leases in succession with the same tenant, the rent protection could be circumvented.

Furthermore, a temporary rental contract may be concluded for a maximum of two years for self-contained accommodation, while a temporary rental period of a maximum of five years may be agreed for non-self-contained accommodation. If the tenancy agreement continues after this maximum rental period, the tenancy agreement will be converted into a tenancy agreement for an indefinite period.

Another important requirement is that although notice of termination is no longer required, the landlord is obliged to send a timely notice if he wishes to terminate the lease. This must be done no later than one month before the end of the tenancy agreement. If the landlord fails to do so on time, the temporary lease will be converted into a contract for an indefinite period.

Notice sent one day late

The fact that the deadline for a notification must be interpreted strictly was also evident from a ruling earlier this year by the District Court of Central Netherlands. In this case, the landlord had apparently miscalculated and it turned out that he was one day late in sending the notification. According to the District Court, the landlord had thereby given the tenant confidence that he wished to continue the lease for an indefinite period of time and apparently did not wish to make use of the option to terminate the lease by operation of law. The lessor was therefore bound by a contract for an indefinite period of time.

Notification not received by tenant

In addition to the fact that the notification must be sent on time, it is also important that the lessor, if it comes to a procedure, can prove that he has actually sent this notification to the lessee. In a recent judgment of the District Court of Midden-Nederland, the landlord had sent the notification by e-mail. However, the tenant claimed not to have received the e-mail, and the landlord was unable to provide any further facts or circumstances to the contrary. The court therefore ruled that the lessee had not been informed in time of the intention to terminate the lease.

Conclusion

With the Act on the flow of the rental market, the landlord no longer needs to give a reason why he no longer wants to continue the temporary rental agreement when it expires.  However, this does not alter the fact that the landlord is still bound to inform the tenant in good time of the fact that he does not wish to continue the lease. In addition, it is advisable to send this notification at least by registered mail or by bailiff’s writ, so that the tenant cannot easily claim not to have received the notification.

 

Lawyer Ginio Beij

If you are looking for advice on drawing up temporary rental contracts or if you are renting yourself temporarily and are wondering what exactly your rights are, please do not hesitate to contact M2Advocaten.

Download PDF