Temporary Contracts and Termination: Specific Rules for Temporary Rental Law in Amsterdam
In Amsterdam, where the housing shortage is high, temporary lease agreements (Article 7:232 CC) deviate in termination procedure from fixed contracts. These contracts expire automatically, but early termination by landlords requires compelling reasons, such as urgent vacancy needs in the capital. Landlords must prove that continuation is unreasonable, with strict scrutiny by Amsterdam district court judges.
Conditions for termination in Amsterdam
Termination remains limited; tenants enjoy strong protection, especially in popular neighborhoods like De Pijp or Oost. Judges scrutinize sharply whether the temporary nature remains justified. Upon contract expiry, no termination protection applies, but urgent termination does in case of non-performance, such as non-payment of rent in a tight market.
Practical differences and local rules
Under the Amsterdam vacancy law and starters exemption, termination is simplified for properties in the core, but advice from the Rent Tribunal or local Housing Authority is mandatory. Tenants can demand conversion to a fixed contract in case of unlawful temporariness. In Amsterdam practice, we see more disputes over recreational dwellings or expat rentals in the city center.
Crucial: abuse of temporary contracts to circumvent rent protection is strictly prohibited. The municipality of Amsterdam imposes fines and criminal sanctions threaten in case of fraud, supported by recent case law from the District Court of Amsterdam.