Termination Fee

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Rent-to-Own Agreement

A rent-to-own agreement ('huurkoop') is a rare contract type where a tenant's rental payments contribute towards the eventual purchase of the property.

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A 'license to occupy' is a type of agreement property owners use to try to circumvent tenant protection laws, but which Dutch courts often reclassify as a full rental agreement.

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A single tenancy agreement is the standard rental lease where one individual is the sole tenant, granting them exclusive occupancy and full responsibility for the contract.

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A joint tenancy agreement is a single lease where multiple individuals are named as the tenant, making them all equally and fully responsible for the entire rent.

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A co-living agreement is a modern marketing term for a rental arrangement, legally structured as a room rental, that bundles accommodation with extra services at a premium price.

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A room rental agreement ('kamerverhuur') is a lease for a non-self-contained space within a larger property, which has a slightly different set of legal protections.

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The Illegal Exit Penalty\n

You Cannot Be Fined for Following the Rules\nTenants in the Netherlands have a legal right to terminate their rental agreement, provided they respect the legally mandated notice period. For an indefinite-term contract, the tenant's notice period is always one calendar month. For a fixed-term contract, the tenant can terminate at the end of the term, and often earlier, depending on the contract's break clause. A 'termination fee' (opzeggingskosten or boete bij opzegging) is a clause in a contract that states the tenant must pay a penalty to the landlord for exercising this legal right. Such a clause is legally void and unenforceable. A landlord cannot financially penalize a tenant for legally ending the lease. This includes charging fees for a 'final inspection' (eindinspectie), which is considered a normal operational activity for the landlord.\n

Distinguishing from a Legitimate Penalty\nIt's crucial to distinguish an illegal termination fee from a legitimate penalty for breach of contract. If a tenant leaves before the end of a fixed-term contract that has no break clause, or if they leave without giving the proper one-month notice, they are in breach of contract. In this situation, the landlord can sue them for damages, which is typically the rent for the period the property remains empty until a new tenant is found (up to the original contract's end date). This is a claim for damages, not a pre-determined 'termination fee'. Some contracts include a pre-agreed penalty clause (boetebeding) for such a breach. The validity of these clauses can be challenged in court, but they are fundamentally different from a fee for a legal, timely termination.\n

The 'Diplomatic Clause' Exception\nA common area of confusion is the diplomatic clause (diplomatenclausule). This is a specific clause that allows a tenant (often an expat) to terminate a fixed-term lease early if they are transferred by their employer to a location more than a certain distance away. This is a negotiated right, not a penalty. Any attempt by a landlord to charge a 'fee' for invoking a valid diplomatic clause would also be considered illegal.

Further Reading

Rent-to-Own Agreement

License to Occupy

Single Tenancy Agreement

Joint Tenancy Agreement

Co-Living Agreement

Room Rental Agreement

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The Illegal Exit Penalty\n