Rental law and vacancy law: your rights explained


Questioner

Since November 2011 I have been renting a home based on the vacancy law (temporary rental). The municipality has issued a permit for this for 2 years (15 November 2011-14 November 2013). This permit was subsequently extended for a period of 2 years (15 November 2013 - 14 November 2015) And then extended again for another year. My lease has now been terminated as of September 30th. Now I recently understood that normally an extension for temporary rental according to the vacancy law may not be issued for 2 years. This should only be 1 year according to the vacancy law. My question now is; Am I now entitled to normal rental protection since I believe the permit in question is not valid? I would like to know what my rights are in this matter, and whether the housing association should offer me alternative housing (or something similar) based on the above story.

Lawyer

The Vacancy Act was amended on 1 July 2013. Before that, the permit was valid for two years and an extension of one year could be requested three times. After the amendment, a home can be rented out for a maximum of five years based on the Vacancy Act. Now that the municipality has granted a permit for temporary rental based on the Vacancy Act, that permit was also valid for five years as of 1 July 2013 and will therefore expire as of November 2016, because extension will no longer be possible. The current permit is therefore still valid.

Lawyer

I also believe that the permit is valid. With regard to the termination, the question is how the rental agreement is drawn up. Did you previously enter into a rental agreement for an indefinite period and has it now been terminated with a notice period of at least three months?

Questioner

In this case, it concerns a house that is scheduled for demolition (I did not mention this in the question). According to my information the following is the case; 'If it concerns a permit for a rental property intended for demolition or renovation, or for residential space in a building for which no environmental permit is required, the permit is valid for a maximum of two years. At the request of the owner or manager of the property, the permit can be extended each time for a maximum of one year until the maximum duration is reached.' (source: https://vng.nl/files/vng/20131216-factsheet-tijdelijke-verhuur.pdf) An extension may only be issued for 1 year each time, I think. In this case, the extension was issued for 2 years. The lease agreement states that it ends as soon as the permit from the municipality loses its validity definitively. In the meantime, it can be terminated with a notice period of 3 months (by the landlord).

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