Rentout your home

To rentout your own home you will always need permission from the bank or lender prior to doing so.

And often, the bank does not grant you permission. In The Netherlands the tenant generally has a very strong legal protection against the legal position of the landlord. Therefore the value of rented out real estate is much lower than the value of regular real estate. There is a higher risk of lower sales revenue in case of forced sales (due to non payments of the installments of your mortgage loan) of your house if a tenant lives in your house. That is why banks are reluctant to allow you to rentout (solution; buy to let mortgage) in regular situations. However there are situations in which banks sometimes can make an exception; 

In the situations described below the regular protection of the tenant does not commonly apply. 

Diplomat clause (Art. 7:274 lid 1 sub b & lid 2 BW); If you will be assigned by your employer to a foreign country you can rentout (still ask the bank for permission in advance !) with a diplomat clause which means that as soon as you return from the assignment abroad you will come to live in your own main residence again and the tenant will leave. The diplomat clause has to be integrated in the rental contract and there are some additional requirements applicable. The type of rentout is called Rental agreement with diplomat clause.

If your house is empty and for sale, you could try to arrange a rentout via the “Leegstandswet”. Duration of the rental contract can vary from 0.5 – 5 years, your house must be empty and for sale, you will have to apply for a permit / license from the municipality.  You can define your own rental price and you can cancel (with an cancellation term of 3 months) prematurely (tenant one month) if the contract has no expiry / enddate.  

Finally some banks allow rentout of your current house if you buy another house yourself. Please ask us about the details.

Before rentout we advise you to have your rental contract assessed by a laywer or someone specialized in this particular area of law. This to prevent you from a tenant not willing to leave your house.

Also inform your insurance company (housing, inventory, liability insurance) about the changes regarding renting out your house / apartment at the risk of non coverage. If you want to rentout just let us know, we can see what opportunities a trustworthy associated real estate agent can do for you.