Short Term Property Rentals
Expat Rentals helps you rent out your property to expats for a definite or indefinite term. Since july 2016 there is new regulations regarding the various rental agreements, and the use of these agreements. Expat Rentals will advice you through the different lease agreements, and the pros and cons of the agreements.
Rental agreement for a limited term (for a maximum of 2 years)
Rental agreement for a fixed-term lease for a maximum of 2 years is new. This rental agreement is possible for a maximum period of 2 years. A shorter period is therefore also allowed. Not for a longer period.
This possibility has been included in the law since July 1, 2016 and is intended for the situation in which the tenant actually leaves after the agreed certain time. The tenant has no rental protection with this agreement. He must therefore leave at the end of the contract, provided that the lessor has sent him a statement about the ending of the lease.
The lease ends automatically after the agreed period. This means that termination of the rent by the landlord is not necessary.
With this model agreement, the tenant has the legal right to cancel the lease whenever he wants. He must thereby observe a cancellation period of 1 calendar month. This is a disadvantage for the lessor compared to the lease for an indefinite period, whereby a date may be agreed for which the lease cannot be canceled.
It is not possible to extend the lease for a specific period. If this does happen, then according to the law, the lease automatically changes into a lease for an indefinite period. Example: if a lease agreement has been agreed for 1 year and is then extended by a further year, then according to the law, the lease agreement automatically changes from the extension into a lease agreement for an indefinite period, whereby the tenant has full rental protection.
Rental agreement for a fixed period (interim rent)
The fixed-term lease (interim lease) is intended for a situation in which the tenant and landlord agree that the tenancy agreement is temporary, since the intention is that the landlord will occupy the house itself after the agreed rental period.
It is possible that the rent will be extended by a certain amount of time, for example if the landlord wishes to stay elsewhere for longer than anticipated. The lessor must then inform the tenant in writing no later than 2 months before the end date of the lease that the lease will be extended by a period to be chosen by the lessor. It goes without saying that the new period is linked as much as possible to the new date on which the landlord expects to want to live in the house. The tenant has the right to cancel the rent. It is advisable to send this letter by registered mail (and by e-mail and regular mail) to the tenant. It is possible to repeat such an extension (within certain limits).
Rental agreement for an indefinite period.
If parties do not want a temporary lease (fixed-term lease), they can use this undetermined agreement. With this agreement, the tenant has full rental protection. The law stipulates that the cancellation period that the tenant must observe is never longer than the agreed payment period. Because in the vast majority of lease agreements it is agreed that the rent is paid monthly, this means that the legal notice period of the tenant is one calendar month. The law also stipulates that the notice period of the lessor is at least three months. In addition, one month is added for every full year that the lease agreement has lasted, with a maximum of six months