Temporary Rental Agreement for Residential Space in Delft

Temporary Rental Agreement for Residential Space in Delft

In Delft, a vibrant student city with TU Delft and many expats, a temporary rental agreement for residential space is ideal for short-term rentals, maximum two years. The contract ends automatically without notice period, offering flexibility on the local rental market. Note: strict legal rules prevent it from becoming indefinite. In case of doubt, contact the Juridisch Loket Delft.

What does a temporary rental agreement mean for residents of Delft?

This rental form for residential space in Delft differs from indefinite contracts by having a clear end date. Perfect for temporary situations such as an internship at TU Delft, expat work or a sabbatical. The tenant enjoys the home until the agreed date and leaves without hassle. But not every contract qualifies as temporary; abuse results in conversion to indefinite term.

The law ensures balance on the Delft rental market, where demand for flexible options is high due to students and knowledge workers. Fails to meet requirements? The District Court of The Hague steps in.

Legal basis in the Netherlands

The rules are set out in the Civil Code (BW), Book 7, particularly Article 7:271(2) BW. Since the Temporary Rental Extension Act of 1 July 2016, the maximum duration is two years. General rental rules under Articles 7:201 to 7:296 BW also apply, including the notice requirement (Article 7:271(3) BW): landlords must provide written notice at least one month in advance. More info in our article on the landlord's notice requirement.

Conditions for a valid temporary contract in Delft

For validity in Delft rental properties:

• In writing and explicit: End date and reason (e.g. 'temporary rental for TU Delft student') must be stated.
• Maximum two years: Extension only via a new contract.
• Concrete motive: Such as study at TU Delft or temporary work.
• Automatic end: No automatic extension.

Not compliant? The court converts it to an indefinite contract (Supreme Court 23 February 2018, ECLI:NL:HR:2018:271). Consult the Municipality of Delft for local rental advice.

Comparison: temporary vs. indefinite in Delft

Rights and obligations in Delft rentals

Landlord

• Automatic end, but notice required.
• Maintain property in good condition (Art. 7:204 BW).
• No damage claim if tenant overstays; contract becomes indefinite.

Tenant

• Use until end date.
• Deliver vacant and clean, otherwise eviction via District Court of The Hague.
• Deposit refunded upon proper vacating.

For disputes: start with Juridisch Loket Delft.

Practical examples from Delft

Example 1: Lisa, a TU Delft student, rents for 15 months in the city center. Contract specifies end date 1 August 2025 and 'study period'. Landlord gives timely notice; Lisa vacates smoothly.

Example 2: Tom signs for 30 months as an expat. Too long, so indefinite contract. Landlord must now litigate at District Court of The Hague.

Example 3: Sara receives no notice and stays. Contract becomes indefinite; eviction requires court proceedings.

End of tenancy and next steps in Delft

On the end date, the tenancy ends automatically. Deliver clean and vacant. Tenant stays? Indefinite contract. Eviction via District Court of The Hague (Art. 7:268 BW). New temporary rental? Yes, max. two years. Check with Municipality of Delft for local rules.

Frequently Asked Questions