The Myth of Being 'Trapped' in a Lease
Many tenants worry about being trapped in a rental agreement if their circumstances change. However, Dutch law is surprisingly flexible for tenants. For both indefinite (onbepaalde tijd) and temporary (tijdelijk) contracts, the main rule is that the tenant can terminate the lease at almost any time. The standard notice period (opzegtermijn) for a tenant is one full calendar month. This means if you give notice on March 10th, your contract will officially end on April 30th. You are responsible for the rent until that final date.
A landlord, however, cannot force you to stay for the entire duration of a fixed-term contract. For example, if you sign a 24-month temporary contract, you still have the right to give your one-month notice and leave after just 6 months. Any contract clause that attempts to remove this right or enforce a minimum stay is generally considered an unfair term and is legally void.
Illegal Penalties vs. Legitimate Costs
This is where tenants must be vigilant. While you have the right to leave early, some landlords may try to impose an illegal prepayment penalty or boete (fine) for doing so. A clause in your contract that states you must pay, for example, two months' rent as a penalty for early termination is illegal and unenforceable. A landlord cannot punish you for exercising your legal right to terminate the lease.
However, a landlord can hold you to your notice period. If you leave without giving proper notice, they can charge you for the rent you would have paid during that period. Furthermore, do not confuse an illegal penalty with a legitimate diplomatic clause (diplomatenclausule). This is a specific, pre-agreed clause, common in expat-focused contracts, that allows either the tenant or landlord to terminate the lease early under specific circumstances (like a job transfer). These often have their own specific notice periods and conditions which are legally binding.
Finally, a landlord might ask you to cooperate in finding a new tenant to minimize the time the property is empty (leegstand). While being helpful is good, you are under no obligation to do so. Your only legal duty is to provide the correct one-month notice and pay your rent until the end of that period.
