Living with your landlord: do or don’t?

Which rules apply if I live with my landlord?

What rules apply if I live in the same house as my landlord?

A new academic year is starting. Fortunately, you finally managed to get a room. Admittedly, your landlord lives in the same house, but how bad can that be, right?

Maybe you can already feel it coming; if you live in the same house as your landlord, the situation is a bit different than normal. It’s called ‘hospita-verhuur’ and the rules and exceptions regarding this type of rental contract will be the focus of this blog. As a tenant, your legal protection in a situation where ‘hospita-verhuur’ applies is limited. The legislator wanted to encourage landlords to rent out rooms and therefore came up with a special arrangement for tenants living in the same house as the landlord.

In case of ‘hospita-verhuur’ the protection of the tenant is limited

Limitations of ‘hospita-verhuur’

Many of the standard legal provisions to protect tenants do not apply if the tenant and the landlord live in the same house for an initial trial period of nine months, starting at the beginning of the rental contract. This trial period is only applicable if the same tenant has not rented a room in the same house before. It’s important to note that this trial period only applies when you rent a room, not when you are renting an independent apartment or studio. During this trial period your landlord can end your contract without any interference from court and without having to make use of the limited legally permitted termination grounds. Of course, your landlord still has to give you appropriate notice.

In situations where ‘hospita-verhuur’ applies it is therefore much easier for the landlord to end a rental contract with the tenant. If, for whatever reason, the tenant is not what he expected, he can terminate the rental contract. After the trial period of nine months is over, standard protection for the tenant will automatically be applied.

What to pay attention to as a tenant?

It is not permitted to add a clause to the contract that states the contract automatically ends on a date that lies after the nine-month trial period, if the contract has been in affect for longer than a year. In that case, since the trial period is over, normal termination rules apply and such a clause would conflict with the law.

One trial period

In addition, the trial period can only be applied once. A landlord who terminates the lease with the tenant during the trial period, and later offers him the same room or another room in the same house, cannot make use of another trial period. In that case, the tenant has the same protection as in any standard situation.

In short, if you rent a room in a house where the landlord also lives, he can easily terminate the lease within the trial period of nine months. Even after that period the landlord can terminate the contract a bit easier than in a standard situation.

Do you live in the same house as your landlord or are you planning to? You are more than welcome to contact Frently with any questions you might have.

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