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LEASE AGREEMENTS

Which rental agreement fits your situation?

Renting out a property in the Netherlands requires more than simply choosing a start and end date.

Dutch tenancy law gives tenants strong protection. Since 1 July 2024, an indefinite lease is the standard for new residential tenancies. Temporary rental agreements are still possible, but only in specific situations.

That is why PMA Amsterdam starts with your plans as an owner.

Are you investing for the long term? Are you moving abroad temporarily and planning to return to your own home? Is the property for sale? Or are you considering a specific temporary rental arrangement?

The right rental agreement should match your situation from the start.

Start with your plan — not the contract model

An investor who intends to keep a property as a long-term rental investment usually needs a different structure from an owner who is temporarily relocating abroad.

For example, if you are moving abroad for work and plan to return to your Amsterdam home later, it is important that the tenancy is structured correctly before the tenant moves in.

A standard rental agreement may not automatically give you the flexibility to return to your property when you expect to.

PMA Amsterdam helps you assess the available options and prepares the rental process accordingly.

The main types of residential rental agreements

In practice, the following model names are often used. The model itself is not the deciding factor — the legal situation and the facts around the tenancy determine which agreement is appropriate.

Model A — Indefinite lease

An indefinite lease has no agreed end date.

This is now the standard form of residential tenancy in the Netherlands.

The tenant has security of tenure. A landlord cannot simply terminate the agreement because they want the property back; a valid legal ground for termination is required.

For long-term landlords and investors, this will often be the appropriate structure.

Model B — Fixed-term lease

A standard temporary lease of up to two years is no longer freely available to every landlord.

Since 1 July 2024, a fixed-term residential agreement may only be used for specific categories and situations permitted by law.

PMA therefore does not automatically advise a temporary agreement simply because an owner prefers flexibility.

We first check whether the intended situation qualifies.

Model C — Temporary letting with a diplomatic clause

Are you temporarily moving abroad for work, study or travel and do you intend to return to your own home?

A rental agreement with a diplomatic clause, also known as tussenhuur, may be relevant.

The agreement must clearly reflect the temporary absence of the owner and the intended return to the property.

This is particularly relevant for expat homeowners who temporarily leave the Netherlands but want to keep their Amsterdam home.

Correct wording and correct termination of the agreement are essential.

Model D — Temporary letting under the Vacancy Act

The Dutch Vacancy Act (Leegstandwet) can be relevant in specific situations, for example when a property is for sale or is scheduled for renovation or demolition.

A municipal permit is required.

The applicable conditions and permitted rental period depend on the type of property and the specific situation.

A rental agreement is only part of the rental process

A legally appropriate contract is important, but it is not the only thing a landlord should check.

Before marketing a property, PMA Amsterdam can also review relevant issues such as:

  • WWS points and the rental segment;

  • the energy label;

  • the intended rental price;

  • deposit and service-cost arrangements;

  • required landlord information;

  • tenant screening;

  • check-in documentation;

  • local Amsterdam rental rules.

Since 1 January 2025, landlords must also provide the tenant with the WWS point calculation of the property.

This is why we prefer to determine the rental position before a property is placed on the market.

Moving abroad and renting out your Amsterdam home?

This is one of the situations PMA Amsterdam specialises in.

We regularly assist international homeowners and expats who temporarily leave the Netherlands but want to keep their Amsterdam property.

Before letting, we look at questions such as:

How long will you be abroad?

Do you intend to return to the property yourself?

What is the rental position of the home?

Does the intended rental structure fit the current rules?

Which tenant profile suits the property?

And who will manage the property while you are abroad?

The objective is not simply to find a tenant.

The objective is to create a rental arrangement that fits your property, your plans and the applicable rules.

Rental agreements through PMA Amsterdam

PMA uses rental agreements and General Provisions prepared by AMS Lawyers in Amsterdam.

We select the appropriate rental structure based on the circumstances and make sure that the relevant property and tenancy information is included.

Where a situation requires specialist legal advice beyond our role as letting agent or property manager, we recommend obtaining that advice before the agreement is signed.

 

Already found a tenant yourself?

You do not have to outsource the complete rental process.

If you have already found a prospective tenant, PMA Amsterdam can also assist separately with:

tenant screening, rental-position checks, WWS-related checks, preparation of the rental agreement, check-in and ongoing property management.

You choose the support you need.

 

Not sure which rental agreement is right for you?

Do not select a rental agreement simply because it appears temporary or flexible.

First determine what you want to achieve with the property and which rental structure actually fits your situation.

Martin and the PMA Amsterdam team are happy to review your plans with you.

Call +31 (0)20 225 10 14
Email martin@pma-amsterdam.nl

PMA Amsterdam
Letting & Property Management for international owners.

CONTACT US  to discuss all the above or any other questions you may have in a free no-obligations meeting.

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