Two Distinct Meanings
'Short-term lease' is a broad term that can refer to two very different types of rental agreements in the Netherlands, with vastly different legal implications for the tenant. The distinction depends entirely on the intended use of the property. 1. Fixed-Term Residential Lease (Huurcontract voor bepaalde tijd): This is the most common meaning for people seeking housing. It is a lease for a primary residence with a fixed duration of up to two years. During its term, it offers most of the standard tenant protections, but it provides no security of tenure at the end of the contract. 2. Holiday Rental (Vakantieverhuur): This is a lease for 'short-term use of a non-residential nature' (gebruik van korte duur dat naar zijn aard niet als wonen is aan te merken). This applies to vacation homes, Airbnbs, and other lets for recreational purposes. These leases are specifically excluded from all tenant protection laws.
The Importance of 'Intent'
The key legal difference is the intended purpose of the stay. If you are renting an apartment to live in as your primary residence while working or studying, it is a residential lease, even if it's for a fixed term of six months. If you rent a cottage on the coast for a two-week holiday, it's a holiday rental. Landlords of 'short stay' apartments for expats sometimes try to use contracts that claim to be for 'short-term use' to circumvent tenant protection. However, a judge will always look at the actual nature of the tenancy. If you are registered at the address and it's your home, it will almost certainly be considered a residential lease with the corresponding rights.