Temporary Rental Agreement in Rijswijk: Rules and Maximum Duration
In Rijswijk, it has been permitted since 2016 to enter into temporary rental agreements for independent living spaces. This provides landlords with more flexibility, but there are strict rules to protect tenants.
What Does a Temporary Rental Agreement Entail?
A temporary rental agreement is an agreement that automatically ends after the agreed period, without the landlord needing to terminate it. This is laid down in the Housing Market Flow Act.
Maximum Duration
| Type of Housing | Maximum Duration |
|---|---|
| Independent living space | Maximum 2 years |
| Non-independent living space (room) | Maximum 5 years |
The duration of a temporary contract can also be shorter, for example 9 months or one and a half years.
Conditions for a Temporary Contract
For a legally valid temporary rental agreement in Rijswijk, specific requirements apply:
- Written Specification: The temporary duration must be clearly stated in the contract.
- Maximum Duration: No longer than 2 years for independent space and 5 years for non-independent space.
- First Rental: Only possible for the first rental to a specific tenant.
- Notice Obligation: The landlord must timely announce the end of the contract.
Obligation to Provide Notice
The landlord is obliged to inform the tenant in writing about the end of the contract:
- Timing: Between 3 months and 1 month before the end of the contract.
- Method: In writing, by letter or e-mail.
- Consequences of Failure: The contract is automatically converted to indefinite term.
Example Notice Timeline
For a contract 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 the court necessary.
- The tenant must vacate the property.
No Possibility of Extension
A temporary rental agreement cannot be extended with a new temporary contract:
- Upon expiry of a temporary contract, a new contract is automatically for an indefinite term.
- This also applies if the first contract lasted shorter than 2 years.
- Exception: if a new tenant occupies the property.
Early Termination
By the Tenant
In Rijswijk, the tenant can terminate early if this is explicitly included in the contract. Otherwise, the tenant must stay until the end or reach agreement with the landlord.
By the Landlord
The landlord cannot terminate early, except in cases of:
- Failure to pay rent.
- Serious nuisance caused by the tenant.
- Other urgent circumstances.
In such cases, the landlord must bring a case before the court, such as the District Court of The Hague.
Protection of the Rent Price
Even for temporary contracts in Rijswijk, rent price protection applies:
Social Housing
- The initial rent can be reviewed by the Rent Tribunal within 6 months.
- Annual rent increase is limited to a statutory maximum.
Private Sector Housing
- No review of the initial rent possible.
- Rent increase according to the agreements in the contract.
When Does a Contract Become Indefinite Term?
A temporary contract automatically becomes indefinite term if:
- The landlord forgets or gives notice too late.
- The tenant remains in the property after expiry without action from the landlord.
- A second temporary contract is concluded with the same tenant.
- The maximum duration is exceeded.
Rights During a Temporary Contract
During the term of the contract, the tenant in Rijswijk 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 Agreements in Rijswijk
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 rental agreement carefully.
Can the landlord refuse extension?
The tenant has no right to extension. The landlord can decide not to re-rent, provided this is not discriminatory.
What if I want to stay after 2 years?
If the landlord re-rents to you, the contract automatically becomes indefinite term, with full rent protection.
Temporary rental agreements in Rijswijk offer less security than indefinite term agreements. Make sure to think ahead in time about your next place to live. For legal advice, you can contact the Rijswijk Legal Advice Centre.