Difference between holiday rental and residential tenancy in Amsterdam
In Amsterdam, holiday rental falls outside residential tenancy law (Article 7:201 DCC) and offers no tenancy protection. It is intended for short-term recreational use, not for long-term stay. Many landlords in the city try to circumvent the strict residential tenancy rules this way, especially in popular neighbourhoods such as the Jordaan and De Pijp.
Statutory boundary specific to Amsterdam
If the occupancy in Amsterdam lasts longer than a few months or serves as main residence, it qualifies as protected residential space (Supreme Court 15 April 2014, ECLI:NL:HR:2014:123). Courts assess the intention and actual use: invoices, municipal personal records database registration at the address, presence of personal furniture and local utility provisions are crucial indicators. The municipality of Amsterdam additionally enforces strict rules via the Housing Allocation Ordinance, under which holiday rental may not exceed 30 nights per year without a permit.
Consequences of exceedance in Amsterdam
An invalid holiday rental agreement in Amsterdam becomes residential tenancy retroactively, including protection against termination and standard rent price caps. Landlords risk reassessment of the maximum rent, fines up to €21,750 per violation (Act to Combat Housing Fraud) and court-ordered eviction. Tenants can effectively block eviction and claim support from the Rent Team.
Airbnb-style rental in Amsterdam requires a tourist permit (OTV) and registration with the municipality; violation leads to closure of the property, high fines and possible revocation of the vacancy declaration.