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I'm renting a house in the Netherlands, on a one-year fixed term contract. The contract does not include any termination clause (except for the "diplomatic clause"). Now the contract is up for renewal, and I asked to insert a termination clause in the contract with a suitable notice period (I was thinking two or three months). The agency tells me that only a one month period is allowed, or else a fixed term contract. The landlord is not happy with a one month period.

It seems like I have to make the choice between a one-month notice period or an effective notice period of the contract length, without any intermediate choice. Is this correct, and do I have any other option?

  • Have you received a written notice that the contract is ending from the landlord? Otherwise my understanding is that it will just turn into an open-ended contract with a one-month notice period, without the need to sign anything. – Gala Sep 17 '18 at 19:10
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The agency is correct inasmuch as the notice must match the payment period, i.e. if you pay your rent monthly, the notice period is one month. It is allowed to agree to other payment periods (up to three months), with matching notice, but not to an arbitrary notice period.

On the other hand, it is not allowed to renew the lease for another year, the contract should not be temporary anymore but an open-ended permanent lease (“contract voor onbepaalde tijd“), which can be be terminated with a regular notice (no matter what's actually written in the contract, as far as I can tell). So I am not sure what else the landlord was expecting.

That's certainly how all the rental agreements I have had in the Netherlands worked (one year then one-month notice). The only options for your landlord seem to be to accept that or not renew at all.

Note that this is the notice for the tenant. After a year, the notice for the landlord is four months and will automatically increase the longer you stay in the house. The landlord is also not free to evict you outside of a specific number of reasons. If a one-month notice period is on the table, there is no reason not to take it, there is no downside for you, the tenant.

Source: rijksoverheid.nl

  • I think the last paragraph in your answer is the important part here - it seems OP was concerned about the landlord being able to evict him/her on a month's notice. – einpoklum - reinstate Monica Dec 15 '18 at 20:39

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