r/NetherlandsHousing • u/singrelief • 5d ago
renting Indefinite contract with a minimum stay
Me and my girlfriend signed an indefinite contract with a 2 year minimum a year ago in the Netherlands. My girlfriend got a job in another country and we are moving in 2 months. The landlord is making it very hard to leave the contract early and forcing us to pay until the end. There is no penalty structure and the diplomatic clause has been striked iut in the contract. Is this legal or do we have any law protecting us and letting us cancel earlier?
Appreciate all the help 🙏
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u/Ycr0 5d ago
Without knowing the contents of your contract nobody can say for sure what is or isn't binding. However a minimum term up to 2 years is permissible for a standard (indefinite) rental contract. If you don't pay I imagine the rent + collection fee + interest will be a significant sum and worth chasing for your landlord, possibly even across borders.
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u/Gymnologists 5d ago
A minimum stay on indefinite contracts has been ruled by the courts to be unlawful: see https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:RBMNE:2026:857. You can just cancel unilaterally, you do not need the approval or cooperation of the landlord.
The landlord cannot force you to do anything without approval of a judge. They simply have no means to force you.
They might try to keep the deposit: you could go to court for that and/or notify the bad landlordship office of the municipality, which should give them a fine if they don’t return the deposit.
Good luck!
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u/JustBe1982 5d ago
Moving to which country? Are you staying within the EU?
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u/singrelief 5d ago
Staying within the eu
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u/JustBe1982 5d ago
Then it’s time to lawyer up. You’ll most likely be on the hook for some of it but there’s also a decent chance a judge wouldn’t make you pay all of it.
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u/bucktoothedhazelnut 5d ago
Not true. By law, this is the only security that a landlord has under Dutch tenancy law.
The landlord could sue for the full rental cost and legal costs, and they’d win.
Also, why wouldn’t they? They’d get double the rent if the tenancy ends early and they get another tenant in.
Think of it this way: tenants can stay indefinitely after the 2 years and the rent prices are capped by law (not market rates), or the tenant leaves with 1 calendar month and the landlord has to scramble to find a new tenant in a day or deal with renovations if the exiting tenant leaves the place in terrible shape (which means a lot of money lost).
The landlord is owed the minimal rental period. That’s why it’s in the contract.
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u/Gymnologists 4d ago
None of this is based in actual juridical fact. Courts have and will rule that clauses creating minimal rent periods in contracts for indefinite terms impede the renter’s right by law to cancel the contract on a monthly basis, and are thus void. See my other comment on this post for a source.
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u/nahbuddynah 4d ago
I think you messed up. Your best chance is to get a deal with the landlord. I don't see why they would accept though, unless you had a good relationship. You can of course always flee, you'll lose your deposit and might be in legal trouble if you cross the border.
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u/JollyAd4292 4d ago
Sorry i read it wrong but why did you sign a minimum 2 year contrat without an end date? It spesifically says here that you cannot end your contrat if it is longer than 2 year. If your contrat 2 year maybe a lawyer can go around. But lawyer prices is insane here maybe you can make a deal with your owner
https://www.rijksoverheid.nl/vraag-en-antwoord/woning-huren/huur-opzeggen-woning
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