Temporary Rental Contracts and Automatic Extension in Delft

In Delft, temporary rental agreements for residential properties last a maximum of two years (art. 7:232 BW) and do not extend automatically, unless this is explicitly laid down in writing. This is crucial in a city like Delft, where the rental market is tight due to the proximity of TU Delft and many student and young professional homes. In case of termination, parties use shorter notice periods than with fixed contracts, but the landlord may not terminate midway without urgent grounds, such as non-payment or nuisance. Tenants in Delft often enjoy tacit right of continuation if the property remains suitable for habitation, for example in popular neighbourhoods such as the city centre or Poptahof. To prevent disputes – frequent at the Huurcommissie in The Hague for Delft cases – the written form is mandatory. Sham constructions, such as repeated temporary contracts for permanent tenants, are converted by the court into a permanent contract. This article highlights the grounds for termination and differences with fixed rental agreements, with specific attention to Delft regulations via the municipality and local housing associations such as RessortWonen.