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Can my landlord terminate my rental contract?

Housing & RentLegislation verified on Ook in het Nederlands

Short answer

Yes, a landlord can terminate a Dutch residential lease, but only in a limited number of situations and almost never without a court order. Dutch law gives tenants strong huurbescherming (tenant protection). The landlord must first give formal notice, then go to the kantonrechter (cantonal court), and the court may terminate only on one of the statutory grounds listed in Book 7 of the Civil Code.

How a landlord can end a residential lease

1. The starting point is an indefinite lease. Since the Wet vaste huurcontracten came into force on 1 July 2024, new residential leases are by default for an indefinite period (onbepaalde tijd). The previous options for short fixed-term contracts (up to two years for a self-contained home, up to five years for a room) were abolished for new contracts (Volkshuisvesting Nederland – Vast huurcontract weer de norm).

2. Notice must be given in the correct form. An indefinite lease can be terminated by either party against a customary payment day (Artikel 271 lid 3 BW). The notice must be served by exploot (court bailiff) or registered letter (Artikel 271 lid 4 BW). The standard notice periods under Artikel 271 lid 5 BW range from one to three months for the tenant and three to six months for the landlord, depending on the length of the tenancy.

3. The lease continues until the court decides. Even after the notice date, the lease remains in force by operation of law until the kantonrechter has issued an irrevocable judgment (Artikel 272 lid 1 BW). If the tenant does not agree in writing to the termination within six weeks, the landlord must bring court proceedings on the grounds stated in the notice (Artikel 272 lid 2 BW).

4. The court can only terminate on a closed list of grounds. Under Artikel 274 lid 1 BW, the kantonrechter may only end the lease if:

GroundWhat it means in practice
a. Tenant misconducte.g. rent arrears, nuisance, criminal behaviour – tenant failed to act "as a good tenant"
b. Contractual clausea written clause allowing termination in specific, limited situations
c. Landlord's personal need (eigen gebruik)landlord (or close family) urgently needs the home for themselves; sale alone is not enough, and the tenant must be able to find alternative housing
d. Refused a reasonable new offerlandlord offered a new lease on reasonable terms and the tenant refused
e. Omgevingsplan functionlandlord wants to realise a destination (e.g. demolition, conversion) assigned under the omgevingsplan
f. Room in landlord's own home (non-self-contained)landlord lives in the same house and his interests outweigh the tenant's
g. Building with temporary permitself-contained home in a building with an omgevingsvergunning of at most 15 years

These grounds are interpreted strictly. "Eigen gebruik" in particular is examined carefully to prevent abuse.

5. A moving allowance may be due. If the court ends the lease on grounds c or e (and in some cases d), the landlord may be ordered to pay a contribution to the tenant's moving and refurnishing costs (Artikel 275 BW; a yearly minimum is set by ministerial regulation).

6. The tenant can ask for an extension. After an eviction order, the tenant may request the court to extend the lease, typically up to one year at a time and up to a total of two years in some situations (Artikel 276 BW, as referenced by Artikel 272 BW). If the court grants an extension for an indefinite period, the landlord generally cannot terminate again within three years of that decision (Artikel 277 lid 2 BW).

Main exceptions to tenant protection

  • Commercial space (bedrijfsruimte in Article 290 BW). Shops, offices and other business premises follow the "5 + 5" system. The landlord can give notice against the end of the first five-year period with at least one year's notice (Artikel 293 lid 2 BW). The court then weighs the interests of both sides (Artikel 296 lid 3 BW).
  • Short-term use by its nature. Leases of housing that is, by its nature, only suitable for short stay (e.g. holiday lets, certain expat rentals) fall outside tenant protection (Artikel 232 lid 2 BW).
  • Room in the landlord's own home (hospitaverhuur). Most tenant-protection rules (Articles 271 lid 5, 272, 273, 274, 275, 276, 277 and 281) do not apply during the first nine months of the lease (Artikel 232 lid 3 BW).
  • Fixed-term residential leases signed before 1 July 2024. These are governed by the old rules and generally run to their stated end date, after which a new lease is treated as one for an indefinite period (Artikel 271 lid 1 BW; see also the transitional rules summarised by Volkshuisvesting Nederland).
  • Specific statutory exceptions still allowed after 1 July 2024, each with its own conditions: doelgroepencontracten (e.g. students, urgent renovation relocations, diplomats), the Leegstandswet, and tussenhuur (sub-letting by the main tenant). These are outside the scope of Articles 271–274 BW (Volkshuisvesting Nederland).

Practical take-aways

  • A landlord cannot simply tell you to leave, even if the fixed term on the contract has expired – the rules have changed since 1 July 2024.
  • The most common ground landlords try to use is "eigen gebruik" (Article 274 lid 1 onder c). Courts require convincing evidence and proof that alternative housing is available for the tenant.
  • During the proceedings the lease continues; the tenant keeps the right to occupy the home and must keep paying the rent.
  • The tenant can always defend themselves in court, ask for an extension, or claim a moving allowance.

Disclaimer. This is general information about Dutch rental law, not legal advice. The exact rules depend on the type of housing, the date the lease was signed, the municipality, and the specific facts. For your own situation, consult a jurist or advocaat specialised in huurrecht, or contact the Huurcommissie or the Juridisch Loket.

Sources