More often than not, a lease agreement for living space is a contract for an indefinite period of time, even if the agreement stipulates a term of, for instance, a year. Do you, as a property owner, want to arrange a temporary lease agreement with the certainty that the tenant will actually (have to) vacate the property upon expiry of the agreement? Then this obligation to vacate the property must be included in the lease agreement, and the original occupant must return to the rented property when the agreed lease has expired. This means that you can only temporarily rent out a property when you go abroad for a period of time, for example, and want to return to your property after this period. Or when you have bought a house which is not (yet) habitable, but it is after expiry of the lease. Providing tenants with opportunities to renew the lease makes your intentions to return to your property considerably less definite, and the options for achieving termination of the lease are considerably weakened as well. Should you decide not to return to the property after all, the tenant is no longer required to leave. The formalities that serve to provide you, as a property owner, with the best possible terms, require strict coordination.
If the tenant wishes to temporarily sub-let the property to a third party, permission from the property owner is needed. We do not supply sub-letting services.
Property Caretaking (Only For The Municipality Of Amsterdam)
Does your property score below 143 points and does it require a housing permit? Then apply for permission for property caretaking from the municipality before temporarily letting out your property; this also applies if you bought your property in the free sector at the time. This does not mean that the property can always be let out in the free sector (without a housing permit), not even if the property is not an investment but a purchase for personal use. It may be necessary in this case to apply for permission from the municipality for property caretaking. We can be of excellent service here.
Property caretaking can only be applied for once. The terms for which property caretaking applies vary in every situation. Below you will find an overview of the reasons recognised by the municipality of Amsterdam for granting permission for property caretaking (with the maximum term):
- Working or studying abroad (maximum of 2 years)
- Prolonged nursing care (maximum of 2 years)
- Prolonged travel (maximum of 2 years)
- Detention (maximum of 2 years)
- Trial cohabitation (maximum of 1 year)
- Repatriation (maximum of 1 year)
- Other compelling reason
You must enter a rental price in the ‘application for property caretaking’, including a compensation for goods and services to be supplied. This way, the basic rent and the limit for the housing permit can be calculated. This information is not decisive in respect of your tenant. A tenant is always entitled to turn to the rent assessment committee to have the agreed rental price tested for reasonableness. The ruling of the committee (and, if necessary, of the sub-district court in the event of an appeal) determines the eventual rental price. In short, even though the municipality approves the lease for a certain rental price (including service components), you still run the risk of the tenant going to the rent assessment committee, and, depending on the points evaluation, successfully enforcing a rent deduction. We can give you advice with respect to the completion of this form.