Wat zijn mijn rechten als huurder?

Als huurder heeft u recht op een goed onderhouden woning, huurbescherming en bescherming tegen onredelijke huurverhogingen. Uw verhuurder mag u niet zomaar uit uw woning zetten.

Kan mijn verhuurder de huur zomaar verhogen?

Nee, huurverhogingen zijn gebonden aan wettelijke regels. Bij sociale huurwoningen geldt een maximaal huurverhogingspercentage. Bij vrije sector woningen moet de verhoging redelijk zijn en in het contract staan.

Security Deposit for Temporary Rentals & Airbnb

Increasingly, landlords rent out properties on a temporary basis: through short stay, AirBnB or a temporary tenancy agreement. In these forms of rental as well, a deposit is almost always required. But what are the rules? And what should you, as a tenant or landlord, keep in mind?

The tenancy law attorneys at Arslan Advocaten explain.

What is temporary rental?

There are various forms of temporary rental:

Short stay rental: expats or foreign employees rent a property for a few months.
AirBnB or holiday rental: short-term rental of a few days or weeks.
Temporary tenancy agreement: a fixed-term contract, for example 6 or 12 months.

In all cases, a security deposit is usually required.

Short stay rental is often confused with AirBnB rental, but there are important differences. With AirBnB or similar platforms, spaces are offered from as little as one night and guests rarely stay longer than a month. These are usually very short-term rentals, where a property sometimes welcomes multiple guests per month. With short stay rental, on the other hand, a tenancy agreement is drawn up, just as with regular rental. Extensive move-in and move-out inspections take place, and it is often possible for the tenant to register with the municipality.

Are there restrictions on short stay rental?

Short stay rental is not permitted everywhere and for every property. Generally, only properties in the private sector are eligible, as long as the landlord does not live there. Do you live in an apartment? Always check with the Homeowners' Association (VvE) whether this form of rental is permitted within the complex. The rules may vary per VvE. Also note: municipalities regularly introduce new rules regarding AirBnB and short stay rental. Want to know what is allowed in your municipality? Check the most recent information on your municipality's website.

What should you pay attention to with apartments and short stay rental?

When renting out an apartment to short stay guests, there are a few things to watch out for:

VvE rules: Always check whether the Homeowners' Association (VvE) permits short stay rental. Some VvE's prohibit this form of rental or set specific requirements, such as extra cleaning or safety measures.
Property type: Short stay rental is generally only permitted for properties in the private sector, and usually not if you live in the property yourself.
Municipal regulations: The rules regarding holiday rental, such as through Airbnb, vary considerably per municipality and change regularly. Always check the municipality's website for the latest information.

So always check with the VvE and verify the municipal regulations before welcoming guests. This way you avoid fines or trouble afterwards.

What requirements must a property meet for short stay rental?

Not every property automatically qualifies for short stay rental. There are a few important conditions to consider:

Property type: Only properties in the private sector are permitted for short stay rental if the owner does not live there.
Rules for apartments: Do you live in an apartment? Always check first whether short stay rental is permitted according to the rules of the Homeowners' Association (VvE).
Local regulations: More and more municipalities are introducing their own rules for, for example, AirBnB or holiday rental. These rules may change regularly. Therefore, always check your municipality's website for the most current information.

By meeting these requirements, you avoid surprises afterwards.

What flexibility does short stay rental offer?

Short stay rental gives landlords considerably more freedom than long-term rental. You are not tied to a long-term contract, which means you can decide what to do with your property after each rental period. For example:

After each stay, you decide whether to rent out again or use the property yourself.
You remain flexible if your own plans change, for example if you want to use your property during the summer holiday.
No obligations for annual contracts; the rental periods can be arranged according to your own wishes.

In short, with short stay rental you maintain maximum control over your own property.

How much deposit is customary?

AirBnB/holiday rental: often a small deposit (for example €100 – €500).
Short stay/expats: usually 1 to 2 months' rent. Sometimes landlords ask for 3 months, but this is often unreasonable.
Temporary contracts (residential rental): just as with regular rental, usually 1 to 2 months' rent.

A deposit of more than 2 months' rent is usually too high, especially with temporary contracts.

When may the deposit be withheld?

The deposit may only be withheld for:

Rent arrears – including with temporary rental.
Damage to the property or furnishings – not being normal wear and tear.
Unpaid service charges or utilities.

Not permitted is withholding for:

Normal wear and tear (such as a worn floor or small holes in the wall).
Cleaning costs not covered by the agreements.
"Extra security" without justification.

Common problems with temporary rental

Excessive deposit for expats/short stay: landlords sometimes demand 3 to 6 months' deposit.
No repayment after departure: especially with foreign tenants who return to their home country.
Unjustified cleaning costs: the deposit is withheld because the property was allegedly not returned "clean enough".

Practical examples

Short stay in Rotterdam: an expat had to pay 4 months' deposit. The court ruled this was unreasonable; the deposit was largely refunded.
AirBnB rental: a guest lost their €250 deposit because the landlord considered the property not clean. We ensured the deposit was refunded because the landlord could not prove this.
Temporary tenancy agreement: a tenant did not get the deposit back because there was a scratch on the floor. The court ruled this was normal wear and tear.

Checklist for temporary tenants

Read the deposit terms in the tenancy agreement carefully.
Always take photos when moving in and moving out of the property.
Request an itemised overview if the deposit is (partially) withheld.
Consult a lawyer in case of disputes.

Frequently Asked Questions (FAQ)

1. May a landlord ask for a higher deposit for short stay?
Only if there is a good reason. More than 2 months' rent is often unreasonable.

2. What about the deposit with AirBnB?
AirBnB has its own rules. Often the deposit is arranged through the platform. Unjustified withholding can be challenged through AirBnB or through the court.

3. What if my deposit is not returned after moving abroad?
You can also start proceedings from abroad with the help of a Dutch lawyer.

4. Does tenancy law also apply to temporary contracts?
Yes, the deposit rules are the same as for regular tenancy agreements.

Conclusion

Even with temporary rental – short stay, AirBnB or fixed-term contracts – clear rules apply to the deposit. The deposit must be reasonable (usually 1 to 2 months' rent) and may only be withheld for rent arrears, damage or service charges.

Is your deposit being unjustly withheld? The tenancy law attorneys at Arslan Advocaten will help you protect your rights and recover the deposit.

Security Deposit for Temporary Rentals: Short Stay, Airbnb and Temporary Contracts