Temporarily away, temporarily home

Tom and Esmée had been dreaming about it for years: taking a gap year for an incredible trip around the world. A chance to step away from busy daily life, broaden their horizons and improve their English along the way.

But what about their apartment on Herenweg? Leaving it empty simply did not make sense. Not only would the space go unused, but the fixed monthly costs would continue as well. That is why they decided to temporarily rent out their home.

A reliable estate agent

With all the recent changes in Dutch rental legislation, they found it difficult to keep track of the rules and requirements. That is why they decided to contact Interhouse.

Soon after, we visited the apartment for an introduction. The property looked fantastic: well maintained, in a great location and exactly the type of home many tenants are looking for. There was definitely demand for it.

Diplomatic clause

Tenants in the Netherlands are well protected by law and Dutch tenancy law is considered “mandatory law”. This means that the law always takes precedence over the tenancy agreement. Even a small mistake can result in a temporary tenant gaining the legal right to remain in the property.

Because Tom and Esmée wanted to return to their apartment after their trip, we advised them to use a temporary rental agreement with a diplomatic clause. This type of tenancy agreement offers possibilities for a minimum rental period, an optional extension and a fixed end date on which the tenant must vacate the property due to the landlord returning to the home. Under Dutch law, this is a valid legal ground for termination.

The following conditions apply to this type of tenancy agreement:

  • A fixed rental period is agreed with the tenant (in this case 12 months)
  • The landlord must observe a notice period of three calendar months, plus one additional month for every year the tenant has lived in the property, with a maximum of six months. In this case, the notice period was four calendar months
  • The landlord cannot terminate the tenancy during the agreed rental period, only after the maximum agreed term has ended
  • The tenant may terminate the tenancy after the minimum rental period has passed, with one calendar month’s notice

Extra peace of mind

During our search for a suitable tenant, we came into contact with Patrick. Patrick was from Ireland and had been sent to the Netherlands by his employer to help launch a new project. The connection was good from the start and, as it turned out, the project was expected to take approximately 9 to 12 months.

For Patrick, the temporary nature of the rental period was therefore not an issue at all. At the same time, this gave Tom and Esmée additional peace of mind, as Patrick would eventually return to his family in Ireland.

Timely notice

After a successful introduction with Patrick, a thorough screening process and the signing of the tenancy agreement, we advised Tom and Esmée to also entrust the property management to Interhouse. This allowed them to fully focus on their adventure, while we remained in contact with the tenant during their absence.

In addition to our “rescue operation” when Patrick accidentally locked himself out of the apartment, we also took care of the timely termination of the tenancy agreement.

In the case of Tom and Esmée, the required notice period was four calendar months. The notice had to be given in writing, including the legal ground for termination and reference to the temporary rental period as agreed in the tenancy agreement. Because written consent from the tenant is also a legal requirement for termination, we made sure this process received extra attention as well.

Welcome home!

After a successful check in and final inspection with Patrick, the apartment was clean, the keys were back in our possession and everything was ready to be handed back to Tom and Esmée. After such an incredible journey, they loved returning home to their own place again.

Are you considering traveling for an extended period of time or moving abroad temporarily for work? A temporary rental agreement with a diplomatic clause may offer the possibility to rent out your home while keeping the option to return when you come back.

Make sure to seek expert guidance to ensure all legal requirements are properly met. That way, you can fully enjoy your adventure and return home with complete peace of mind.

Shannon Metzelaar

Written by:

Shannon Metzelaar |

Shannon has been part of Interhouse makelaars Sassenheim since 2017, working in the front office. She is one of the faces of the office and is responsible for direct customer contact, property presentations, schedule management, and Social Media. Additionally, she supports the real estate agents by conducting screenings and drafting agreements. She also assists the head office by contributing to the (further) development of services. She does this with great pleasure. Her enthusiasm and dedication, combined with her years of experience, make her a pleasant point of contact for (legal) questions regarding renting and letting. With her British background, she communicates with people from all corners of the world in a friendly and professional manner.