Housing Tied to a Job
A caretaker lease is a special type of rental agreement for what is known in the Netherlands as a dienstwoning (service dwelling). This is a property owned by an employer that an employee is required or expected to live in as part of their job. Classic examples include a concierge living in an apartment complex, a groundskeeper on an estate, a lock-keeper by a canal lock, or a farmhand living on the farm. The rental agreement is inextricably linked to the employment contract, but the level of tenant protection depends on a critical legal distinction.
The Crucial Distinction: 'Proper' vs. 'Improper'
The law splits service dwellings into two categories, with vastly different consequences for the tenant. 1. Eigenlijke Dienstwoning (Proper Service Dwelling): This is where living in the specific house is essential for the proper performance of the job. For example, a concierge who must be on-site to respond to emergencies. In this case, the rental agreement is completely subordinate to the employment contract. The moment the employment contract ends (for any reason), the right to live in the house ends automatically and immediately. The occupant has no tenant protection (huurbescherming). 2. Oneigenlijke Dienstwoning (Improper Service Dwelling): This is where living in the house is beneficial or convenient for the job, but not strictly necessary. In this case, the law considers the employment and rental agreements to be separate. If the employment contract ends, the former employee retains their full tenant protection and cannot be evicted from the home. The employer becomes a regular landlord.
A Risky Agreement for Tenants
The distinction between 'proper' and 'improper' can be a fine legal line, often decided by a court. A tenant offered a dienstwoning is taking a significant risk, as losing their job could mean losing their home on the very same day. It is essential to have the contract reviewed by a legal expert to understand which category it falls into and to be fully aware of the precarious nature of the housing security being offered.
