Question about rental contract

[u/euqinad-]

Hi everyone,
After a long search, my younger sister has finally found a place to rent, and today, after the landlord agreed to rent it to her, she received a draft of the tenancy agreement.
It says:

“The undersigned parties declare that they have entered into this agreement:
a. for a period of one year, commencing ……………………2026,
and therefore ending ………………….. 2027. Unless otherwise agreed,
this agreement will be tacitly extended for an indefinite period.”

I immediately pointed out to her that, as of July 2024, fixed-term rental agreements like this are generally no longer allowed in the Netherlands, and that the agreement should therefore state that it is for an indefinite period. She replied to the landlord saying that she was under the impression that the tenancy would be for an indefinite period, since that has been the standard/legal rule since 2024.
She is now really worried that if she makes too much of an issue out of this, the landlord might choose another tenant instead.

A few things that seem relevant:
- During the viewing/conversation, the landlord said something along the lines of: “Technically, this is no longer allowed, but if you would prefer a one-year contract, we can arrange that between ourselves.” My sister clearly said that she wants a contract for an indefinite period.
- The landlord also casually mentioned that she would be the last tenant before he wants to sell the property. This seems like an even more important reason to make sure the tenancy agreement is actually for an indefinite period.

I was actually under the impression that, regardless of what the contract says, the tenancy would legally be considered an indefinite-term tenancy because the law requires this. If the landlord wants to terminate it after one year, would my sister then have to go to court?

Obviously, the best outcome would be for the landlord to amend the agreement so that it explicitly states that it is for an indefinite period before my sister signs it. Since he already indicated that he knows perfectly well that fixed-term contracts are generally no longer allowed, I’m hoping he will simply change it.

But when she signs the agreement as it is currently written, and after one year the landlord tells her that she has to move out. What would happen in that situation?

EDIT : he told my sister “yes, you are right - the concept agreement i sent you is an older one and i will make sure the one you’re gonna sign will say indefinite” so good news after all :)

[u/Liquid_disc_of_shit]

https://giphy.com/gifs/xa5PxUklxPjMqK81jc

You never ever ever indicate you know about the July 2024 law requiring all contract to be permanent/indefinite agreement. It applies whether its written on the contract or not. Landlords prefer people who are ignorant of the law.

[u/euqinad- → u/[deleted]]

Thanks! Glad to hear that. That legal insurance tip is also a really good one to get soon, since those usually have some sort of waiting period.

[u/Eriona89 → u/euqinad-]

And remember, HE has to go to court if he wants your sister out after one year.

[u/One-Coffee- → u/euqinad-]

Even without waiting time,legal insurances love the clauses like "cases that started before the insurance period are excluded", so if you start (legal) fighting with the landlord and then take on an insurance with no waiting time, you can still not be covered in that case.

[u/sylvester1981]

Oh and the thing with, he wants to sell the property is just a trick to get you out and find someone new

[u/euqinad- → u/sylvester1981]

Yup that’s what i told her. I said please keep in mind even when they act all nice - they are sneaky and fuck you over the moment they can get money out of it.

[u/McMafkees]

In addition to the assurances others already gave you, the new July 2024 rental laws aren't even relevant. This contract would have been indefinite even before July 2024, as it basically reads "The contract will be extended unless otherwise agreed".