Expats and Short-Stay Contracts: Rental or Hotel?

Many expats rent a home in the Netherlands via a short stay contract. This seems useful, because it is flexible and tailored to a temporary stay. But from a legal perspective, there are major pitfalls to short stay. The question is often: is this tenancy law or more of a hotel situation?

The tenancy law lawyers of Arslan Lawyers explain what a short stay contract is, what risks expats run and how you can protect yourself.

What is a short stay contract?

A short stay contract is an agreement in which an expat rents a furnished home for a short period, usually 1 to 6 months. This form of contract is often found in cities such as Amsterdam, The Hague, Rotterdam and Utrecht.

The landlord often calls this short stay or “temporary housing”. The problem: short stay contracts are not always covered by normal rental law, which means you have less rental protection.

When is it rent, when is it hotel situation?

• Rental law applies

  • If you rent an independent home (with its own kitchen, bathroom, access).

  • If the home is your main residence, even if it is temporary.

  • Then the rules regarding deposit, rental price and rental protection apply.

• Hotel situation of application

  • If there is a service that is more like accommodation (for example weekly cleaning, linen service, short stay without own facilities).

  • Then you have no rental protection.

Risks for expats with short stay

1. No rental protection
   You can be terminated without judicial review vacated, just like in a hotel.

2. High deposit and rental prices
   Short stay is often used to charge expats extra.

3. Unclear contract conditions
   Expats often sign without knowing whether tenancy law applies.

4. Difficult to reclaim deposit
   With short stay, deposits are required often wrongly withheld, on the grounds of “service costs” or “cleaning costs”.

Practical examples

• Expat in Amsterdam: rented through a short stay agency and had to leave after 6 months. The judge ruled that this was actually a rental contract and that the expat had rental protection.

• Expats in The Hague: paid €500 per month service costs for “short stay services” that were not provided. These costs were reclaimed.

• International employee in Rotterdam: Did not receive a deposit back after departure. Because the contract actually concerned rent, the deposit could still be enforced.

Checklist for expats for short stay

• 📑 Check whether the contract falls under Dutch rental law.

• 📉 Do not pay more than 1 to 2 months deposit.

• 🧾 Request a specification of service charges.

• ✉️ Request written confirmation of termination and conditions.

• ⚖️ Consult a lawyer if in doubt about rental protection.

Frequently asked questions (FAQ)

1. Is a short stay contract the same as a rental contract?
Not always. It depends on the circumstances (independent home or accommodation).

2. Do I have rental protection for short stay?
Yes, if the home is your main residence and meets the rental conditions.

3. Can my landlord ask for more deposit for short stay?
No, the rules for deposit are the same: 1 to 2 months rent is normal.

4. What can I do if my deposit is not refunded?
You can demand a refund and, if necessary, enforce it through the courts.

Conclusion

Short stay contracts seem useful, but expats run risks: no rental protection, high deposit and unclear conditions. Please know that in many cases tenancy law still applies.

The tenancy law lawyers of Arslan Advocaten help expats with disputes about short stay contracts, deposits and wrongful eviction.