Leasing: How can I terminate my tenancy agreement? And what about my landlord?

Tenants enjoy strong rent protection. Your tenancy agreement, therefore, cannot easily be terminated by your landlord.

A permanent tenancy agreement can be terminated by you or your landlord by a registered letter or a bailiff’s notification. When terminating the tenancy agreement, the applicable notice period must be observed. While you are not required to provide a reason for termination, your landlord does. The landlord can only terminate the agreement based on one of the limited legal grounds for termination. If you do not agree to the termination of the tenancy agreement by your landlord, he has to request the Dutch Court to terminate the agreement for the reasons mentioned in the notice of termination. Tenants can terminate the lease without a legal ground for termination.

A temporary (up to two years) tenancy agreement, on the other hand, cannot be terminated by the tenant or the landlord before the end of the agreed upon term. After the term of the lease, the tenancy agreement automatically terminates, provided that the landlord gave written notice of the termination date somewhere between three months to one month in advance. Please note that the rules differ if your fixed-term tenancy agreement includes a so-called diplomat clause.

Any tenancy agreement can also be terminated by mutual consent or if one of the parties violates the terms of the tenancy agreement.

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Related questions

  • Leasing: Who is responsible for maintenance of the house?

    Who is responsible in case of a leakage or if the heating is broken? In principle, your landlord is responsible for the maintenance of the house. He must ensure that the rental property is in good condition. Therefore, major repairs will have to be borne by the landlord. As a tenant, on the other hand, you must carry out and pay for the daily maintenance and minor repairs.

  • Leasing: What types of tenancy agreements are there?

    In general, two types of tenancy agreements can be distinguished: permanent and temporary tenancy agreements.

    Permanent tenancy agreements are entered into for an indefinite period of time. Most tenancy agreements for housing are permanent tenancy agreements that are automatically extended after the initial lease term of one year.

    It is, however, also possible to enter into a temporary tenancy agreement. Landlord and tenant can agree upon such a tenancy agreement for a fixed period that  terminates automatically and with less legal protection, provided that:

    • The term of the lease is a single, non-extendable period of time of up to two years (for a separate residential dwelling or space) or up to five years (for a room); and
    • The landlord gives written notice of the termination date somewhere between three months to one month in advance of the termination date.

    If the tenancy continues after the fixed period or if the landlord does not give notice (in time), the tenancy automatically becomes a permanent tenancy agreement with full rent protection for the tenant.

    In some cases the landlord may conclude a temporary tenancy agreement that is longer than two years, namely if the tenancy agreement includes a so-called diplomat clause.

  • Buying: I have just bought a house and found a previously undetected defect. What can I do?

    If you buy a house, you have an obligation of inspection. As a buyer you must investigate whether there are any defects. The seller, on the other hand has an obligation to inform you of all defects known to him that prevent normal use of the property. Sometimes there are hidden defects that were present during the sale of the house, but of which you were unaware at the time. In principle, from the transfer of ownership onwards, any hidden defects will be for the buyer’s account.

    However, there are situations in which the seller can be held liable. For instance, if the defects are so serious that they do not allow normal use of house or if the seller has lied about defects or has tried to hide them.

    If you discover hidden defects, you must contact the seller as soon as possible. If the seller does not cooperate in remedying the defect, you can go to court to enforce this cooperation.