Difference between holiday rental and residential tenancy in Delft
In Delft, holiday rental falls outside residential tenancy law (Article 7:201 DCC) and offers no tenancy protection. It is intended for recreational use by tourists, such as visitors to TU Delft or the Vermeer Centre, not for long-term residence. Landlords in the historic city centre sometimes try to circumvent strict residential tenancy rules through this model.
Legal boundary in Delft
If the occupation in Delft lasts longer than a few months or serves as main residence, it qualifies as protected residential space (Supreme Court 15 April 2014, ECLI:NL:HR:2014:123). Delft courts assess the intention and actual use: consider invoices from local energy companies, municipal registration in the Personal Records Database with the municipality of Delft, and the presence of personal furniture or study books as indicators.
Consequences of exceedance in Delft
An invalid holiday rental agreement in Delft becomes residential tenancy retroactively, including termination protection via the district court. Landlords risk retroactive assessment of standard rental prices, fines from the municipality of Delft, and even forced adjustment to the liberalisation threshold. Tenants can effectively block eviction, as in recent cases around the Nieuwe Plantage.
Airbnb-style rental in Delft requires a tourist permit from the municipality; violation, especially in listed buildings, leads to penalty payments and possible closure by the Department of Urban Development and Operations.