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Temporary Contracts and Termination: Specific Rules for Temporary Rental Law in Rotterdam

Discover termination for temporary rental contracts (art. 7:232 BW) in Rotterdam. Differences with fixed rentals, conversion rights, abuse prevention and local rules for starters and vacancy in the port city.

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Temporary Contracts and Termination: Specific Rules for Temporary Rental Law in Rotterdam

In Rotterdam, with its dynamic housing market and high pressure on the rental sector, temporary lease agreements (article 7:232 BW) deviate in termination procedure from fixed contracts. These contracts expire automatically, but early termination by landlords requires compelling reasons, such as urgent vacancy needs in neighborhoods like Delfshaven or the Kop van Zuid. Landlords must demonstrate to the Rotterdam cantonal court that continuation is unreasonably burdensome.

Conditions for termination in Rotterdam context

Termination remains limited; tenants enjoy strong protection under national law, but local judges scrutinize the validity of temporariness even more strictly, especially with the many starter contracts in Rotterdam. Upon expiry, no termination protection applies, but urgent termination is possible in case of non-performance, such as non-payment in a market with rising rents around the Maas.

Practical differences and Rotterdam nuances

Under the Vacancy Act or starter exemption in Rotterdam, termination is smoother for vacant properties in port areas, but advice from the Huurcommissie is mandatory and strictly enforced by the municipality. Tenants can demand conversion to a fixed contract if the temporariness proves unlawful, supported by recent rulings from the Rechtbank Rotterdam.

Crucial in Rotterdam: temporary contracts must not be used to circumvent tenant protection amid the housing shortage. The municipality actively monitors for abuse, with fines and criminal sanctions for fraud, such as improper use for expat rentals in the city center.