How do I end my rental contract in the Netherlands, and what notice applies?
As a tenant in the Netherlands you end your lease with a notice period equal to the rent payment period: if you pay monthly, that is one month. You need not give a reason. A landlord has it much harder: at least three months' notice, a statutory ground, and without your consent the tenancy only ends when a court says so. Below: the rules, a model letter and the pitfalls.
Giving notice as a tenant
Period. The tenant's notice period equals the period over which rent is paid, with a minimum of one month and a maximum of three (article 7:271(5)(a) of the Civil Code (BW)). With monthly rent, one month. A contract that imposes a longer period on the tenant does not hold on that point: this rule cannot be departed from to the tenant's detriment (article 7:271 BW).
Form. The law asks for notice by registered letter or bailiff's writ (article 7:271(3) BW). An e-mail the landlord confirms in writing works in practice too, but with a landlord who does not respond you have no proof without the registered letter. Send both.
No reason needed. As a tenant you do not have to say why you are leaving.
To which day. Unless agreed otherwise, you give notice to a day on which rent falls due, usually the first of the month. Give notice on 10 March with a one-month period, and the tenancy ends on 30 April.
Model letter: notice by the tenant
By registered post
[Landlord's name] [Address]
[Place], [date]
Re: notice of termination, tenancy agreement for [address]
Dear [name],
I hereby give notice to terminate the tenancy agreement for the dwelling at [address], observing the notice period of one month, with effect from [end date].
Please confirm receipt of this notice in writing and propose a date for the final inspection and the handover of the keys. I would like the deposit of € [amount] returned within the statutory period to account number [IBAN].
Yours sincerely,
[Tenant's name] [Address, e-mail, telephone]
On getting the deposit back and the final inspection, see My landlord is not returning my deposit.
Giving notice as a landlord
Period. At least three months, plus one month for each year the tenant has lived there, up to six months (article 7:271(5)(b) BW).
Ground. The notice must state the reason (article 7:271(4) BW), and that reason must be one of the statutory grounds (article 7:274 BW): the tenant does not behave as a good tenant, the landlord urgently needs the dwelling for own use, the tenant refuses a reasonable new offer, the landlord is implementing a zoning plan, or it was an interim tenancy agreed as such. "I want to sell" or "I want to charge more rent" are not on that list.
The notice alone does not end the tenancy. If the tenant does not agree in writing within six weeks, the tenancy simply continues until a court has finally decided that it ends (article 7:272 BW). The landlord must go to the subdistrict court for that. As a tenant you therefore need do nothing with a notice you disagree with, except not agree and keep paying the rent.
Fixed-term tenancy
Since 1 July 2024, fixed-term residential tenancies are allowed only in exceptional cases; a new contract is in principle for an indefinite period. If your contract still runs under the old rules, it ends on its end date only if the landlord notified you in writing in time. How that works is in Is mijn tijdelijke huurcontract nog geldig? (in Dutch). As a tenant you can end a fixed-term contract early, with the ordinary one-month period (article 7:271(1) BW).
Lodging with a resident landlord, subletting, co-tenants
- Lodging (hospitaverhuur): in the first nine months the resident landlord may give notice without a statutory ground (article 7:232(3) BW); after that the ordinary rules apply.
- Subletting: if the main tenant gives notice, the subtenant of self-contained accommodation becomes the owner's tenant (article 7:269(1) BW). A subtenant of a room within the dwelling does not have that protection.
- Co-tenants: if one tenant gives notice, the tenancy continues for the other. The tenant's spouse or registered partner is a co-tenant by law (article 7:266(1) BW).
What to do
- Tenant: give notice by registered letter, to the first of the month, with one month's notice on monthly rent. Ask for written confirmation and a final inspection.
- Your landlord gives notice: do not agree, keep paying, and check whether the letter states a statutory ground. Without a court ruling you do not have to leave.
- Record the state of the dwelling when you leave, with photos, so the deposit is not disputed.