When do you have a student rental contract?
- You are enrolled at an educational institution offering full-time education
AND
- you are not using the room or studio as your main residence.
Student rental contracts are generally subject to the same rules for contracts for main residence.
What rules are different in student rental contracts?
- Your domicile is not at the address of your room or your studio.
You pay a (reduced) second residence tax.
- The rental deposit is a maximum of 2 months' rent.
The landlord may ask that you pay your rental deposit into his or her personal account.
- In addition to the rent, the landlord can also charge the following costs:
- energy consumption
- water consumption
- telecommunications
- (reduced) second residence tax
The landlord may not charge any other costs. Those costs are already included in the rent. After 1 year the landlord can index the rent.
- A student rental contract is fixed-term and expires automatically at the end. Therefore, the landlord does not have to notify you that the rental contract is ending. Good to know: the landlord cannot terminate the contract early.
When can you terminate your student rental contract?
- Before the start of the rental contract
You can cancel the contract free of charge 3 months before the start. Do you cancel the contract less than 3 months before the start? Then you have to pay a penalty of 2 months' rent.
- If you stop studying
Do you stop studying and want to terminate the lease? Then cancel the contract and include proof of deregistration from the educational institution. You must then give another 2 months' notice.
Example: Your student lease started on Sept. 1, 2023. You deregister from the college in January 2024. In February 2024, you cancel the lease and forward the deregistration certificate. The notice period starts on March 1, 2024 and ends on April 30, 2024. Until then, you must pay the rent.
- If your mom, dad or the person who supports you dies
You can then terminate the rental contract. Send a notice letter to the landlord, along with proof of death. You still need to give 2 months' notice.
You and the landlord can also decide together to end the lease. You then put in writing when the contract ends and what conditions apply.
Can you sublet your room or studio or transfer your rental contract?
Are you a student doing a study exchange or internship? Then you can transfer your rental contract or sublet your room or studio to another student. Your landlord cannot oppose this unless there are valid reasons.
Do you transfer your contract? Then you are no longer responsible as a tenant.
Do you sublet? Then you do remain responsible to the landlord.
