Temporary rent contracts still common despite ban

Hundreds of homes are still being offered with temporary rent contracts in online ads, NOS found after scouring the housing websites Pararius and Kamernet. This may be in conflict with the law that took effect on July 1 and bans temporary leases, with a few exceptions.

Some advertisers explicitly state that they’re looking for tenants who fall under the exceptions and can take a temporary lease, such as students or people going through divorce. But in many cases, the ad doesn’t state why it’s a temporary contract.

Tenants’ organization Woonbond is critical. “Advertising with temporary contracts, as if they were normal, is bad,” a spokesperson told NOS. “Landlords are simply trying it and saddling house hunters with housing insecurity.”

A temporary contract that does not fall under the exceptions is in conflict with the law, and a tenant can fight it in court with a good chance of success, tenancy law attorney Saskia Koerselman told the broadcaster. “The judge will rule that a fixed-term period has been wrongly used and determine that the agreement is deemed to have been entered into for an indefinite period. As a result, the tenant is allowed to stay unless there is another reason for them to leave, such as poor tenancy. Or if the landlord demonstrably and urgently needs the home for their own use or for family members.”

The Woonbond advised home seekers with the “luxury” of not needing a home quickly to not accept a temporary contract. “You then have the chance that such a landlord says: I will not rent to you; I will look for someone else.” People looking urgently for a home could sign a temporary contract and then make a case of it, but that does require time and effort. “You must be able to enter into that. It also says something about the type of landlord; he will not excel in good landlordship.”

Kavish Partiman of Vastgoed Belang called it “undisputable that everyone must comply with the law” but added that he understands why landlords are looking for ways around this ban. “There is a lot of uncertainty for landlords. Due to the increase in box 3 tax and the Affordable Rent Act, their return may become zero or even negative.”

According to Partiman, landlords want to wait and see whether renting out is still profitable or whether it is better to sell their property. They then don’t want to be stuck with a tenant for an indefinite period. “Let’s not forget that we have never been in favor of this law.”