Does rental protection weigh more than a signed lease?

Questioner

We have rented our house for 2 years - 1 day. Now the current tenants would like to stay for another year. We think that they are entitled to rent protection and that it may be difficult to actually let them leave the house after that year. Can it be legally sealed so that they adhere to a new contract to be drawn up?

Lawyer

Rent protection in the Netherlands is a strong right, intended to protect tenants from arbitrary and unjust eviction by landlords. In combination with the rules around temporary rental contracts, this can indeed have a major impact on your situation. As a landlord, you have the right to enter into a fixed-term rental agreement (in your case 2 years - 1 day). However, if the tenant continues to live in the house after the term and you as a landlord agree to this (verbally or in writing), the temporary contract automatically changes into a contract for an indefinite period. This in principle gives the tenant the right to rent protection, which means that you as a landlord can only terminate the rent under specific circumstances. It is advisable to consult a lawyer or attorney before drawing up a new contract to see how you can best protect yourself legally. However, keep in mind that any contractual agreements cannot simply exclude or limit the power of the right to rent protection. In some cases, it can therefore be difficult to have tenants leave after the end of a contract, even if they agree to this in a contract. In your case, it might be more convenient to enter into a new temporary contract with your tenants, with an explicit end date. However, to be on the safe side, I advise you to consult a lawyer or attorney in this situation. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.