Contract Types

Vacancy Act

Leegstandswet

The Vacancy Act, or 'Leegstandswet', is a Dutch law that allows property owners to offer a temporary rental contract under specific conditions, bypassing normal tenant protections.

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An 'all-inclusive' lease ('all-in huur') is a rental contract with a single price for rent and all other costs, a structure that is legally problematic and disadvantageous for tenants.

An annual lease is a fixed-term rental contract for a duration of exactly one year, a common but often inflexible arrangement for tenants in the Dutch market.

An apartment lease is the most common type of residential rental agreement in the Netherlands, providing strong tenant protection under the law.

'Automatic renewal' does not lead to another fixed term in the Netherlands; it legally converts a temporary lease into a secure, indefinite one.

A break clause, often a 'diplomat's clause', is a contractual term that allows a landlord or tenant to terminate a fixed-term lease prematurely under specific circumstances.

A lease for a static caravan ('stacaravan') intended for permanent residence offers a degree of tenant protection, which is not the case for recreational use.

Confirm Official Guidance, Document Wording, and Professional Advice for Vacancy Act

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The Exception to Tenant Protection

The Leegstandswet, or Vacancy Act, is a crucial but niche piece of legislation in Dutch rental law. It creates a legal exception to the normally iron-clad security of tenure and rent control that tenants enjoy. The purpose of the act is to combat vacancy and to allow owners of certain types of temporarily empty property to generate income without being burdened by a permanent tenant. To do this, an owner must obtain a special permit (vergunning) from the municipality. This permit is only granted under specific circumstances, most commonly for a property that is for sale and has been vacant, or for a property that is slated for demolition or major renovation.

When a property is rented out with a Leegstandswet permit, the landlord can offer a temporary lease for a minimum of six months and a maximum duration tied to the permit's validity (up to five years). Crucially, many of the standard tenant protection rules do not apply. The landlord can terminate the lease with a relatively short notice period (three months), and the tenant has no right to eviction protection (ontruimingsbescherming). Furthermore, the rent price is not bound by the normal points system. This creates a much more flexible, but far less secure, situation for the tenant.

A High-Risk, High-Flexibility Option

For a tenant, signing a lease based on the Leegstandswet is a significant trade-off. The potential benefit is access to a property that might not otherwise be on the rental market, sometimes at a slightly lower price. It can be a solution for those seeking a temporary, short-term housing solution. However, the risks are substantial. The defining feature of this contract is its profound insecurity. The property is usually for sale, and if a buyer is found, the landlord will terminate the lease. This means the tenant can be forced to move with only a few months' notice, with no legal recourse. The tenant is effectively living on borrowed time.

It is a legal requirement for the rental contract to explicitly state that the rental is based on a Leegstandswet permit, and the permit number and duration must be included. Any tenant considering such a contract must do so with a full understanding of its temporary and insecure nature. It is a housing solution designed to serve the interests of the property owner first and foremost. It is not suitable for anyone seeking a stable, long-term home. It is a legal loophole that provides flexibility for owners, but at the direct expense of the security and rights of the tenant.