Temporary Rental Agreement in Leiden: Rules and Duration Limits
In Leiden, just like in the rest of the Netherlands, temporary rental agreements have been possible for independent living spaces since 2016. These agreements offer landlords more flexibility, but there are strict rules to protect tenants.
Definition of a Temporary Rental Agreement
A temporary rental agreement is an agreement that automatically ends after the agreed period, without the landlord needing to terminate it. This falls under 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 term can also be shorter, such as 9 months or 18 months, depending on the agreement.
Conditions for Temporary Agreements
For a legally valid temporary rental agreement in Leiden, the following points must be complied with:
- Written agreement: The temporary nature must be clearly stated in the contract.
- Term limitation: No longer than 2 years for independent spaces and 5 years for non-independent spaces.
- First letting: This applies only to the first tenant of the property.
- Announce end: The landlord must notify the end in time.
Obligation to Notify
The landlord is obliged to inform the tenant in writing of the end of the contract:
- Timeframe: Between 3 months and 1 month before the end date.
- Form: In writing, for example by post or e-mail.
- Consequence of negligence: The contract is automatically converted to indefinite term.
Example of a Timeline
For a contract running from 1 August 2024 to 1 August 2025:
- Notice possible from: 1 May 2025
- Last moment for notice: 1 July 2025
Termination of the Contract
With correct notice, the contract ends automatically:
- No termination by the tenant required.
- No approval from the tenant needed.
- No intervention by a judge necessary.
- The tenant must vacate the property.
No Possibility of Extension
A temporary rental agreement cannot be extended with a new temporary contract:
- A subsequent contract automatically becomes indefinite term.
- This also applies if the first period was shorter than the maximum duration.
- An exception applies only with a new tenant.
Early Termination
By the Tenant
In Leiden, 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.
- Serious nuisance by the tenant.
- Other urgent circumstances.
In such cases, the matter must go to court, for example at the District Court of The Hague, Leiden location.
Protection of the Rent Price
Even for temporary contracts in Leiden, rent price protection applies:
Social Housing
- Initial rent can be reviewed by the Rent Tribunal within 6 months of start.
- Annual rent increase is limited to a statutory maximum.
Private Sector Housing
- No review of the initial rent.
- Rent increase as agreed in the contract.
When Does a Contract Become Indefinite Term?
A temporary contract automatically changes into an indefinite term agreement if:
- The landlord forgets or notifies too late.
- The tenant remains in the property after expiry without action from the landlord.
- 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 Leiden, the tenant has the same rights as under an indefinite term contract:
- Right to maintenance by the landlord.
- Protection against excessive rent prices (social sector).
- Right to privacy in the property.
- Protection against discrimination by the landlord.
Frequently Asked Questions about Temporary Rental in Leiden
Can I leave earlier if I find another property?
This is only possible if the contract contains an early termination clause or if the landlord agrees. Check your agreement carefully.
Can the landlord refuse extension?
Yes, the landlord is not obliged to extend, as long as it is not on discriminatory grounds.
What happens if I want to stay after 2 years?
If the landlord rents to you again, the contract automatically becomes indefinite term, with full rent protection.
Temporary rental agreements offer less security in Leiden than indefinite term agreements. Make sure to think about your next home in time.
Local Information in Leiden
For legal assistance, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. For cases that go to court, the District Court of The Hague, Leiden location has jurisdiction.