Difference between holiday rental and residential tenancy in Rotterdam
In Rotterdam, holiday rental falls outside the residential tenancy law (article 7:201 DCC) and has no rent protection. It is intended for recreational use, such as short stays in the port city, not for long-term living. Landlords in neighbourhoods like Delfshaven or Kralingen sometimes try to circumvent the strict Rotterdam rent rules through this model.
Statutory boundary specific to Rotterdam
If the occupancy lasts longer than a few months or serves as main residence, it qualifies as protected residential space (Supreme Court 15 April 2014, ECLI:NL:HR:2014:123). Rotterdam courts strictly examine intention and use: invoices, municipal personal records registration at the Rotterdam address and presence of fixed furniture such as in kitchens or bedrooms are crucial indicators. The municipality of Rotterdam applies additional rules via the Housing Allocation Ordinance, which distinguishes between tourist and permanent occupancy.
Consequences of exceedance in Rotterdam
An invalid holiday rental agreement automatically becomes a residential tenancy with retroactive effect, including protection against termination and Huurcommissie review. Landlords risk retroactive assessment of regular rent, fines up to €10,000 per violation under the Rotterdam Public Spaces Ordinance, and forced registration in the Personal Records Database. Tenants can block eviction and claim damages.
Airbnb-style rental in Rotterdam requires a tourist permit from the municipality; without it, violation leads to immediate closure, administrative enforcement fine and possible revocation of the operating permit, especially in busy tourist areas like the Witte de Withstraat.