Termination of a rental agreement under Dutch law

Published on 22 November 2021 · Last updated 25 October 2026

Under Dutch law, a tenant of a home can end an open-ended rental agreement at any time with one to three months’ notice (Article 7:271 of the Dutch Civil Code, Burgerlijk Wetboek). A landlord needs a ground listed in Article 7:274. The lease continues until the tenant agrees in writing or the court ends it (Article 7:272).

Different rules apply to homes (woonruimte), to shops, restaurants and hotels (middenstandsbedrijfsruimte), to offices and other buildings, and to movable property. In all cases, the parties can end a lease by mutual consent. Our Dutch attorneys explain the rules for each type of lease below.

Which rules apply to terminating a rental agreement in the Netherlands?

The rules depend on what is rented. Book 7 of the Dutch Civil Code contains general rules for all leases (Articles 7:201 to 7:231) and special rules for:

• residential property (woonruimte): strong protection for the tenant (Articles 7:232 to 7:282);
• business premises (middenstandsbedrijfsruimte), such as shops, restaurants, cafés, hotels and campsites: fixed terms and protection against termination (Articles 7:290 to 7:310);
• other buildings, such as offices and warehouses: limited protection, mainly a possible delay of the eviction (Article 7:230a);
• movable property, such as cars and equipment: hardly any special rules.

How is a lease of movable property terminated?

The legislator considered protection of the parties less important for movable property, so there are almost no special termination rules. A lease for a fixed period ends automatically when that period expires, without notice (Article 7:228(1)). A lease for an indefinite period ends by notice (Article 7:228(2)). The law sets no notice period for movable property, so the agreement decides. If the agreement says nothing, either party can in principle give notice without a reason. In special situations, for example if the tenant depends heavily on the property, reasonableness and fairness may require a reasonable notice period or a reason (Article 6:248). A fixed-term lease can in principle end earlier only by mutual consent, under an early termination clause, or by dissolution for breach (see below).

How can a tenant or landlord terminate a residential lease in the Netherlands?

Residential leases are strictly regulated to protect the tenant. The rules apply to homes, rooms, caravans, pitches and moorings (Article 7:233). They do not apply to use that by its nature is only short-term (Article 7:232(2)). A tenant who rents a room in the home where the landlord lives has no protection against termination during the first nine months (Article 7:232(3)). These rules apply throughout the Netherlands, including Amsterdam.

How much notice does a tenant have to give?

A tenant can terminate a lease for an indefinite period at any time, without a reason. The notice period equals the period between two rent payments, but at least one month and at most three months (Article 7:271(3) and (6)(a)). With monthly rent, this is one month. Notice is given against an agreed rent payment day, by bailiff’s writ or registered letter (Article 7:271(3) and (4)). If a notice does not respect the required form or the tenant’s notice period, it is still treated as given against the prescribed day with the prescribed period (Article 7:271(7)). A clause that gives the tenant a longer notice period is void (Article 7:271(8)).

A residential lease for a fixed period does not end automatically when the period expires. Either party can give notice, but not with effect before the end of the fixed period (Article 7:271(1)). The exception is the temporary lease described in the next section.

When can a landlord give notice to vacate?

A landlord can only end a residential lease by notice on one of the grounds in Article 7:274(1), and the notice must state that ground, or it is void. The landlord must also ask the tenant to say within six weeks whether the tenant agrees to the termination (Article 7:271(5)). The landlord’s notice period is at least three months, plus one month for each year the tenant has used the property under the lease without interruption, up to a maximum of six months (Article 7:271(6)(b)). The main grounds are:

• the tenant has not behaved as a good tenant, for example persistent rent arrears or nuisance (ground a);
• the landlord shows that it needs the property so urgently for own use (the sale of the home not included) that, weighing the interests of both parties and of subtenants fairly, it cannot be required to continue the lease, and the tenant can obtain other suitable housing; the latter does not apply to the tenants referred to in Articles 7:274c to 7:274e (ground c; renovation that is not possible without ending the lease also counts, Article 7:274(3));
• the tenant refuses a reasonable offer of a new lease for the same home, unless the offer changes the rent (ground d);
• the landlord wants to realise the use that the applicable environmental plan (omgevingsplan) assigns to the property (ground e);
• a few specific grounds, such as a room in the landlord’s own home (ground f) or the sale of a home that a private landlord previously lived in, under strict conditions (ground h and Article 7:274(7)).

Urgent own use also covers some specific situations, such as homes let specifically to young people under 28, students, PhD candidates or large families (Articles 7:274c to 7:274f), and, if the lease expressly provides for it, housing a parent or child of the landlord (or a relative by marriage in the first degree) (Article 7:274g).

What happens if the tenant does not agree?

A notice from the landlord does not end the lease by itself. Unless the tenant agrees in writing, the lease continues by law after the notice date until the court has given a final decision (Article 7:272(1)). If the tenant has not agreed in writing within six weeks, the landlord can ask the subdistrict court (kantonrechter) to set the date on which the lease ends (Article 7:272(2)). The court only considers the grounds stated in the notice (Article 7:273). If the court grants the claim, it sets the eviction date. If not, the lease is extended. If the court ends the lease because of urgent own use or the environmental plan, it can set an amount that the landlord must pay towards the tenant’s moving and furnishing costs (Article 7:275(1)). If the lease ends because of renovation or the environmental plan, the landlord must in any event contribute to the tenant’s moving costs (Article 7:275).

Are temporary rental contracts still allowed in the Netherlands?

Only for specific groups of tenants. Since 1 July 2024 (Wet vaste huurcontracten), a residential lease of two years or less that ends automatically on its end date is only possible with tenants who belong to a category designated by decree (Article 7:271(2)). Article 1 of the Besluit specifieke groepen tijdelijke huurovereenkomst lists these categories, including:

• students who move to another municipality for their studies, or who come from abroad to study in the Netherlands;
• tenants who must temporarily leave their home because of urgent works or renovation;
• people leaving social shelter, or in a social emergency with an urgent housing need;
• tenants with a second-chance lease;
• parents who no longer live with the other parent of their minor children and want to live near them;
• other categories listed in the decree, such as people who temporarily need housing for work on one of the Wadden Islands.

Even then, the lease only ends on the agreed date if the landlord informs the tenant in writing of that date, no earlier than three months and no later than one month before it. If the landlord fails to do so, the lease continues for an indefinite period. The tenant can give notice before the end date. A new lease with the same tenant immediately afterwards counts as an extension for an indefinite period (Article 7:271(2)). Leases concluded before 1 July 2024 remain subject to the old rules (Article 208ha(2) of the Transitional Act of the new Civil Code).

How is a lease of business premises (middenstandsbedrijfsruimte) terminated?

These rules apply to a building used for a retail business, a restaurant or café, a takeaway or delivery service or a craft business, if it has a space open to the public for the direct delivery of goods or services. They also apply to hotels and campsites (Article 7:290(2)). Offices fall outside this regime. The parties cannot deviate from these rules to the detriment of the tenant, unless the court approves the deviation (Article 7:291).

The lease applies for five years, or for a longer agreed fixed period. A five-year lease is extended by law by a second period of five years. If the first period is longer than five but shorter than ten years, the second period is shortened so that the total is ten years (Article 7:292). These rules do not apply to a lease of two years or less. If the use under such a lease lasts longer than two years, a five-year lease applies by law, which includes the two years already passed (Article 7:301).

Both parties can give notice against the end of the first and the end of the second period, by bailiff’s writ or registered letter, with a notice period of at least one year (Article 7:293). A tenant does not need a reason. A notice by the landlord is void if it does not state the grounds (Article 7:294).

Against the end of the first period, the court can only end the lease if the tenant has not run the business as a good tenant should, or if the landlord, the landlord’s spouse or registered partner, a relative by blood or marriage in the first degree (such as a parent or child) or a foster child urgently needs the property for personal long-term use. Renovation that is not possible without ending the lease also counts, a sale does not. A new landlord who acquired the property cannot rely on urgent own use within three years after informing the tenant in writing, unless the new landlord is a close relative of the previous one (Article 7:296(1) and (2)). Against the end of the second period, the court weighs the interests of landlord and tenant. It always ends the lease if one of the grounds of the first period applies, if the tenant refuses a reasonable offer of a new lease (other than a rent change), or if the landlord wants to realise the use assigned by the environmental plan (Article 7:296(3) and (4)).

If neither party gives notice, the lease continues after ten years for an indefinite period, unless a fixed period follows from the agreement. Notice is then still possible, but with the same form, notice period and grounds, and the same role for the court (Article 7:300).

As with residential property, the landlord’s notice does not end the lease by itself. Unless the tenant agrees in writing, the lease continues until the court has given a final decision. If the tenant has not agreed within six weeks, the landlord can ask the court to set the end date, but only on the grounds stated in the notice (Article 7:295). If the tenant’s defence is manifestly unfounded, the court can declare its decision provisionally enforceable. The court can also order the landlord to contribute to the tenant’s moving and furnishing costs (Article 7:297). A notice of termination therefore needs careful drafting: missing or poorly stated grounds cannot be repaired later.

How is a lease of offices and other buildings terminated?

Offices, warehouses, industrial premises and other buildings that are neither residential property nor business premises within the meaning of Article 7:290 have far less protection. A lease for a fixed period ends when the period expires. A lease for an indefinite period ends by notice against an agreed rent payment day, with a notice period of at least one month (Article 7:228(2)). The landlord does not need a ground.

The tenant’s main protection is a possible delay of the eviction. Within two months after the date by which the landlord has, in writing, required the tenant to vacate, the tenant can ask the court to extend the period for vacating. The request suspends the obligation to vacate until the court decides. The court grants it only if the eviction harms the interests of the tenant (and of a lawful subtenant) more seriously than continued use harms the landlord. The request is nevertheless refused if the landlord shows that, because of improper use, serious nuisance or non-payment, continued use by the tenant cannot be required of it. The court can extend the period by up to one year after the end of the lease. At the tenant’s request, it can extend it twice more, each time by up to one year (a request must be made at least one month before the period expires). This protection does not apply if the tenant gave notice, expressly agreed to the termination, or was ordered to vacate for breach of contract (Article 7:230a). This more limited protection explains the big difference between a lease of a shop and a lease of an office.

Can a lease be dissolved for breach of contract?

Under Dutch law, every failure to perform allows the other party to dissolve (ontbinden) the contract, unless the failure, given its special nature or minor importance, does not justify dissolution (Article 6:265(1)). Unless performance is permanently or temporarily impossible, the defaulting party must first be in default (verzuim) (Article 6:265(2)). Dissolution normally takes place by written declaration, or by the court at the request of the entitled party (Article 6:267).

Leases are different. If a landlord wants to dissolve the lease of a building (or a caravan, pitch or mooring) because the tenant has failed to perform, only the court can do so (Article 7:231(1)). This cannot be changed to the detriment of the tenant (Article 7:231(3)). There are exceptions, for example when the mayor has closed the building for serious disturbance of public order or for drug offences (Article 7:231(2)), or when a defect that the landlord is not obliged to remedy makes the enjoyment the tenant was entitled to expect completely impossible (Article 7:210). For movable property and unbuilt land, dissolution by written declaration remains possible. Court proceedings delay the moment the landlord recovers possession.

Which court decides lease disputes, and can eviction be ordered in summary proceedings?

Lease disputes are heard by the subdistrict court (kantonrechter), whatever the amount at stake (Article 93(c) of the Dutch Code of Civil Procedure). If a landlord wants to end a lease and the tenant does not agree, court proceedings are often necessary. Seek legal advice early, so that the notice or the claim is based on the right grounds and all steps are taken properly.

In urgent cases, a landlord can ask for eviction in summary proceedings (kort geding). The court will only order eviction if it is sufficiently likely that the court in proceedings on the merits would dissolve the lease, for example in case of serious rent arrears or nuisance. This route is mainly used where the tenant has breached the lease. If the tenant does not agree in writing, a residential or business lease terminated by notice continues until the court has decided irrevocably on the landlord’s claim (Articles 7:272(1) and 7:295(1)); for business premises the court can declare its judgment provisionally enforceable if the tenant’s defence is manifestly unfounded (Article 7:295(1)). A decision in summary proceedings is provisional.

Frequently asked questions about terminating a rental agreement in the Netherlands

How much notice does a tenant have to give to end a rental contract in the Netherlands?

For a residential lease for an indefinite period: the period between two rent payments, but at least one month and at most three months. With monthly rent, this is one month. The notice is given against a rent payment day, by bailiff’s writ or registered letter (Article 7:271(4) and (6)(a) Dutch Civil Code). A clause requiring a longer notice period is void (Article 7:271(8)).

Can my landlord in Amsterdam give me notice to vacate?

Only on a statutory ground, such as the tenant not behaving as a good tenant or the landlord’s urgent own use, stated in a notice by bailiff’s writ or registered letter with a notice period of three to six months (Articles 7:271 and 7:274). If you do not agree in writing, the lease continues until the court has given a final decision (Article 7:272). The same rules apply throughout the Netherlands.

What is an indefinite rental contract in the Netherlands?

A lease without an end date. A residential lease for an indefinite period only ends by notice: the tenant can give notice at any time, the landlord only on a statutory ground and, if the tenant does not agree, with a court decision (Articles 7:271 to 7:274). A fixed-term residential lease also does not end automatically, except a temporary lease under Article 7:271(2).

Is a 2-year rental contract still possible in the Netherlands?

A lease of a home for a fixed period, such as two years, is still possible, but it does not end automatically: the landlord still needs a statutory ground to end it (Article 7:271(1)). A lease of two years or less that ends automatically on its end date is only possible with tenants in the categories designated in the Besluit specifieke groepen tijdelijke huurovereenkomst, such as students, and only if the landlord informs the tenant in writing of the end date, no earlier than three months and no later than one month before that date (Article 7:271(2)). Otherwise, the lease continues for an indefinite period. Leases concluded before 1 July 2024 remain subject to the old rules.

Can a commercial lease in the Netherlands be terminated early?

A lease of shop, restaurant or hotel premises can in principle only be terminated against the end of the first or second five-year period (or of an agreed fixed period) with at least one year’s notice; after ten years, a lease continued for an indefinite period can be terminated with at least one year’s notice (Articles 7:292, 7:293 and 7:300 Dutch Civil Code). It can also end by mutual consent. These rules do not apply to a lease of two years or less (Article 7:301). A landlord also needs a statutory ground and, if the tenant does not agree, a court decision. An office lease for an indefinite period can be terminated with at least one month’s notice (Article 7:228(2)). If the landlord of a building wants to dissolve the lease because the tenant has failed to perform, this in principle requires a court decision (Article 7:231(1); exceptions in Articles 7:231(2) and 7:210).

Primary sources

• Dutch Civil Code (Burgerlijk Wetboek) Book 7: Articles 7:201, 7:210, 7:228, 7:230a, 7:231, 7:232, 7:233, 7:271, 7:272, 7:273, 7:274, 7:274c-7:274g, 7:275, 7:290, 7:291, 7:292, 7:293, 7:294, 7:295, 7:296, 7:297, 7:300 and 7:301
• Dutch Civil Code Book 6: Articles 6:248, 6:265 and 6:267
• Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering), Article 93
• Wet vaste huurcontracten (Act of 11 December 2023, Stb. 2023, 480; in force on 1 July 2024)
• Besluit specifieke groepen tijdelijke huurovereenkomst, Article 1
• Transitional Act of the new Civil Code (Overgangswet nieuw Burgerlijk Wetboek), Article 208ha

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