Temporary rental? Only up to 2 years
Until recently it was difficult to rent out your house or apartment temporarily or short term. With a standard rental agreement, a tenant builds up tenant rights, making it difficult to break the lease if you want to live in the house again.
However, due to changed legislation, it is now easier to temporarily rent out independent living space. If you use the right rental agreement, the tenant cannot claim tenancy rights after the agreed rental period.
Use the right rental agreement
Do you want to make a long journey? Are you moving abroad for work? Are you going to live together, but don’t you dare to rent your house for an indefinite period of time yet? Whatever the reason, nowadays you can temporarily rent out your property with peace of mind. Provided you use the right rental agreement with a number of specific provisions.
Are you, for example, going to travel for 7 months and do you already know exactly the dates of departure and return? Then you use a rental agreement for a fixed period of max. 2 years. You agree with the tenant a rental period of a fixed period of 7 months. The tenant does not build up tenancy right’s and after the 7 months, the tenant has to leave. You do not necessarily have to rent out for 2 years when you use this model. As long as the agreed rental period does not exceed 2 years.
Do you, for example, move abroad for work but you do not know exactly when you want to return to the house? Then use a rental agreement for a definite period with a diplomatic clause. This agreement gives you the opportunity to start with e.g. 1 year and then extend the contract if you stay away longer.
Always request proper advice on the type of rental agreement to be used if you want to rent out temporarily. Otherwise, the tenant may still accrue tenancy rights and you then might not be able to return to the house on the desired moment in the extreme case.
PMA guides you and will prepare the right rental agreement for you, based on your specific situation. Even if you have found a tenant yourself, we can draw up the contract for you.
Is your house for sale and have you already moved, but is it not possible to sell the house? In that case, you can temporarily rent out using a rental agreement in accordance with the vacancy law. In order to rent out according to the vacancy law, you must apply for a vacancy law permit from the municipality and the mortgage lender must grant permission. In principle, a municipality only issues a vacancy permit in times of a bad housing market where it is expected that a house will be empty for a long time, while the owner has already moved to another house. Without this permit and permission from the mortgage lender, you cannot rent out under the vacancy law.
Points of attention for temporary letting.
If you have a mortgage, you must check the conditions. Usually, it states that you need permission from the mortgage lender to rent out the property. Tenants who fall under the normal tenancy law have extensive rental protection. Because of this, some mortgage lenders do not grant permission. However, if you want to rent out temporarily and you use the right rental agreement, then mortgage lenders are generally more accommodating. After all, there is a guaranteed end to the rental. However, it differs per provider if you will receive permission.
In case of temporary letting, the insurer can decide to limit the coverage of the building or liability insurance. This means that you may not be insured for damage due to burglary, water damage and glass damage. Another possibility is that the insurer decides to increase your premium. In general, this will only involve a few Euros. So, give your insurer a timely indication that you want to rent out the house and discuss the possibilities to limit the risks. An accident is just waiting to happen and this can save you a lot of suffering. If you own an apartment (sometimes also in the case of ownership of a house), you are part of an Association of Owners (in Dutch: VVE). Check in advance if you need permission from the Association of Owners if you are going to rent out. They can ask you to have the tenant sign a document, such as the house rules.
Check with your tax advisor if there are tax consequences when you rent your home temporarily.