Premature notice
Notice NOT possible
Notice by end date
Notice period of 3 months
Notice by end date
Notice period of 6 months
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The landlord themself is moving in: Notice period of 6 months
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The landlord's family moves in: Notice period of 6 months at the earliest after 3 years
Conditions
! Only for rental contracts signed after 1/1/2019
The landlord can terminate the rental contract if they themselves want to live in the rental property. As a tenant, you then get 6 months' notice.
The landlord's family wants to live in the rental property. You get 6 months' notice, but the notice can end at the earliest after 3 years.
The landlord may allow the following family members to live in the rental property:
- husband or wife
- legal cohabitant
- children
- grandchildren
- parents
- grandparents
- nieces and nephews
The landlord must clarify which family member is moving into the property and what the family relationship is. As a tenant, are you unsure which family member is coming to live there exactly? Then ask the landlord in writing. Does the landlord not clarify this within 2 months? Then you can have the notice annulled by the justice of the peace.
The landlord or family member must move into the rental property within the year and effectively reside there for 2 years.
Does the landlord not meet these conditions? Then you may be entitled to compensation of 18 months' rent. You must prove that the landlord did not comply with the conditions. Go to the justice of the peace if the landlord refuses to pay.
Counter notice
When the landlord terminates the rental contract prematurely, the landlord must always give 6 months' notice. If you find other housing sooner, you can give a counter notice. This will end the lease after only one month.
For example: the landlord terminates your rental contract because they want to live in the property themselves. The notice period runs from October 1, 2023 to March 31, 2024. You find a new rental property and can move in as early as February 1, 2024. So you do a counter notice with 1 month. If you send the counter notice in December, the counter notice runs from January 1, 2024 to January 31, 2024.
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Notice period of 6 months at the earliest after 3
Conditions
! Only for rental contracts signed after 1/1/2019
The landlord can stop your lease to renovate (part of) your rental property. The landlord must then give you 6 months' notice. The notice period can end at the earliest after 3 years.
This renovation must:
- comply with urban planning rules
- be done to the part you are renting
- cost at least 3 years of rent (or at least 2 years' rent if several apartments are renovated together)
The landlord must attach the following documents to the notice letter:
- a building permit (if required)
- a description of the works or a specification
- a detailed cost estimate or a contract with the contractor
Did you not receive these documents? Then ask your landlord for them in writing right away!
The landlord must start the works within 6 months and they must be finished within 24 months. Example: your landlord sends a notice letter in December 2023. The notice period runs from January 1, 2024 to June 30, 2024. The renovation must have started before January 1, 2025 and must end before July 1, 2026.
Does the landlord not comply with these conditions? Then you may be entitled to compensation of 18 months' rent. You must prove that the landlord did not follow the conditions. Go to the justice of the peace if the landlord refuses to pay.
Counter notice
When the landlord terminates the rental contract prematurely, the landlord must always give 6 months' notice. If you find other housing sooner, you can give a counter notice. This will end the lease after only one month.
For example: the landlord terminates your lease due to renovation work. The notice period runs from October 1, 2023 to March 31, 2024. You find a new rental property and can move into it as early as February 1, 2024. So you do a counter notice with 1 month. If you send the counter notice in December, the counter notice will run from January 1, 2024 to January 31, 2024.
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Notice period of 6 months and a notice fee of 9 or 6 months
Conditions
The landlord can terminate your rental contract without motive by the end of a 3-year period. You must then be given 6 months' notice.
- Does the landlord terminate the rental contract by the end of the first 3-year period? Then they must pay a penalty of 9 months' rent.
- Does the landlord terminate it by the end of the second 3-year period? Then they must pay a penalty of 6 months' rent.
Example: You signed a 9-year rental contract starting January 1, 2024 with a rent of €500. The landlord terminates without motive in June 2026. The notice period runs from July 1, 2026 to December 31, 2026. The landlord must pay you a penalty of €4500 (9 x €500).
Counter notice
When the landlord terminates the rental contract prematurely, the landlord must always give 6 months' notice. If you find other housing sooner, you can give a counter notice. This will end the lease after only one month.
For example: the landlord terminates your lease without motive. The notice period runs from October 1, 2023 to March 31, 2024. You find a new rental property and can move into it as early as February 1, 2024. So you do a counter notice with 1 month. If you send the counter notice in December, the counter notice runs from January 1, 2024 to January 31, 2024.
