Bumarang sees that most tenants do not know what type of rental contract they have and what the consequences are. It must be admitted that in some cases this is also not entirely clear. In this contribution you will learn more about the temporary rental contract and the consequences of entering this type of contract.ct.
When do you have a temporary rental contract?
You have a temporary rental contract if the contract specifies a maximum rental period. This period may not exceed two years in the case of independent accommodation and no longer than five years in the case of renting a room.
A second important condition is that you, as a tenant, must have the option to cancel early during the specified period where this is not possible for the landlord to do this.
How does a temporary rental contract work in practice?
If you agree to a temporary rental contract, you as a tenant must take into account that the landlord can decide that you have to move up to one month before the end of the contract. The landlord does not have to have a specific reason for this. He just needs to let you know that the contract is ending. As a tenant, you then have no choice but to look for a new place to live.
If the landlord does not announce the end of the contract in time, the contract will be continued for an indefinite period. As a tenant you have rent protection from that moment on. This means that the landlord must have a valid ground for termination in order to terminate the contract. A valid ground for termination may be the circumstance in which the tenant does not pay the rent for three months or more, or the circumstance that structurally serious nuisance is caused by the tenant. In practice, this means that it becomes a lot more difficult for the landlord to terminate the contract.
How can you be sure that you do not have a temporary rental contract?
If the rental period specified in the contract is longer than 2 years (self-contained accommodation) or longer than 5 years (non-self-contained accommodation), this is by definition not a temporary rental contract. There is also no question of a temporary rental contract if it is not possible for the tenant to terminate the contract prematurely.
In the case of a temporary rental contract, there may under no circumstances be a minimum rental period. Is there a minimum rental period? Then the tenant always has rent protection from the start of the contract. This means that as a tenant you can decide for yourself how long you want to rent the house, only in exceptional cases can the landlord terminate the contract.
Clear story right?
This may seem simple, but what Bumarang sees a lot is that when drawing up the contract, landlords include provisions that specifically apply to the temporary contract, but also include provisions that do not belong to it. For example, a maximum rental period of 24 months is agreed, whereby it is not possible for the tenant to cancel the contract in the first 12 months. In that case there is both a maximum rental period and a minimum rental period.
Within case law it is now taken as a starting point that if the rental contract is unclear, the consequences are for the account and risk of the landlord. After all, the landlord draws up the rental contract. This means that an unclear rental contract must be interpreted in the way that is most favourable to the tenant.
Rent reduction with temporary contract
A temporary rental contract also has an advantage. Tenants who have entered into a temporary rental contract have more time to reduce their rent. This is possible up to six months after the specified period has expired. For example, if a maximum rental period of 24 months has been agreed, the tenant can ask the Rental Committee even after 30 months to rule on the rental price that was agreed at the start of the rental contract. If the rent assessment committee decides that the rent is too high, it will be reduced retroactively, i.e. from the start of the contract.
If you have entered into a temporary contract and you want to lower your rent, you should bear in mind that if you do this before the contract has been extended, the landlord will probably end the contract. If you remain in the house after the specified period, it may be wise to only start the procedure after the contract has been extended. If you already know that you will be moving after the specified time, it is wise to start the procedure as soon as possible.
Do you want to know what kind of contract you have and whether you are eligible for a rent reduction? Upload your contract here. After a free check of your rental contract and your rental price, we will let you know what we can do for you.