Rental Contracts

Understand the different rental contract types in the Netherlands, tenant and landlord rights, termination rules, and how annual rent increases work.

Written by HasanUpdated 1 month ago3 min read

Contract Types

If the landlord accepts an offer, we will forward to you a draft version of the lease agreement, which we can negotiate on your behalf, but most agreements follow a standard template that’s supported by General Provisions and the Dutch Civil Code.

These are the most common contract types :

Type A (onbepaalde tijd/indefinite duration)

  • Duration: usually has a minimum duration - 12/18/24 months, then it continues indefinitely
  • Termination by tenant: not possible before the minimum term ends; after the minimum term finishes - termination possible with 1 calendar month notice
  • Termination by landlord: not possible during the entire duration of rental agreement. The landlord can only terminate the agreement through court for extremely serious grounds : failure of payment, tenant causing serious nuisance to neighbours, subletting, landlord needing the property for themselves ( cases like bakruptcy etc).
💡Is termination before 12 months possible? Most rental contracts will not have any clause allowing early termination. So what happens if you lose your job or your life plans change? The only way to get out of the agreement is to find a compromise with the landlord - in most cases, it means giving up the security deposit.

Type C ( fixed term, diplomatic clause)

  • Duration : usually a fixed term agreed between landlord and tenant with a defined end date. For eg. minimum 12 months maximum 24/36 months. Often offered as minimum and maximum 12 months, with possible extension.
  • Termination by tenant : not possible during the initial fixed term, for eg if it’s minimum 12 months, only after 12 months you can give a notice that you’re moving out.
  • Termination by landlord : not possible during the initial fixed term, but after the minimum term the landlord can give a notice ( 3-6 months that they will need the property back)
💡This is the most favourable rental agreement for landlords. The tenant doesn’t get protection rights; the landlord gets the right to claim their property back after the minimum term. Diplomatic clause for landlord applies only in cases the landlord lives abroad and might return back to the Netherlands.

Type B ( temporary rental- typically only offered to students).

  • Duration: no minimum duration, maximum 24 months
  • Termination by tenant: yes, terminable with 1 month notice, regardless of how much time passed since the start of the rental
  • Termination by landlord: no, during 24 months landlord cannot terminate.

Rent Increase

💡 Since July 1st, 2024 type B contracts are only available to specific groups of people: students, people temporarily needing housing due to renovation and etc. Is extension beyond 24 months possible? No, but in case the landlord forgets to send you a reminder notice about the end of the rental the contract may turn into indefinite.

The owner has the right to increase your rent once a year, either July 1st or 1 year from the day that you move in, there is a formula used in the general terms CPI + inflation, what they can do is: CPI +1%, CPI+2% and they are allowed to go up to CPI + 5% as the maximum.

Most private landlords will set rent increase in 12 months from the start of rental period, most corporate landlords will always set it to July 1st. Be aware that if you start renting in April/May/June from a corporate landlord the rent might increase in July already.