In certain cases it is permitted to temporarily rent out your vacant owner-occupied home on the basis of the Vacancy Act. This offers a solution for homeowners, because renting out on the basis of this law ensures that homes can be rented out easier and faster than with a normal rental of a home. In addition, it offers an advantage for the landlord because the tenant has a less stronger position than with a normal rental. The normal rent protection provisions do not apply here. As a landlord, you can therefore also decide at any time to terminate the lease, with due observance of the statutory notice period. So you don't have to wait for the lease to come to an end.

When you want to rent out your property based on the Vacancy Law, you need to request and obtain written permission from your mortgage provider. You apply for this at your bank and include your motivation with the application. The bank assesses your situation and grants or denies you permission accordingly. Keep in mind that if you rent out your property under this scheme, you will not be eligible for mortgage interest deduction. After the rental period, you are free to do so again.

Additionally, obtaining a permit from the municipality is always a requirement for renting out your property under the Vacancy Law. The conditions for this permit vary per municipality. Properties that are for sale and owned by a private owner must meet at least one of the following conditions:

• The property has never been inhabited before (newly built);
• In the 10 years prior to the property being put up for sale, it has been rented out entirely/partially for a maximum of 3 years;
• In the 12 months before renting, the property has been entirely/partially occupied by the homeowner. If the property has been owned by the owner for less than 12 months, the property must have been occupied by the owner since the ownership began

You cannot rent out your property based on the Vacancy Law indefinitely. For this reason, permits for this purpose are always issued to homeowners for a maximum period. For properties that are up for sale, the maximum rental period is 5 years. When the Vacancy Law permit expires, the temporary lease agreement also automatically ends. However, this can continue if the tenant wishes to rent longer with the landlord's permission. In that case, a new lease agreement is established between the tenant and landlord based on regular lease terms. Consequently, tenant protection comes into effect again, and the landlord must adhere to standard lease conditions.

When you receive a permit to rent out your property under this scheme, you can use it for a maximum of 5 years. The property must be on the market for sale for 5 years as well. Once this 5-year period is over, you cannot apply for another permit. You are granted only one permit per property. However, you can apply for a permit for a different property. But a maximum of 2 permits is issued per individual for two different properties.

You have obtained your permit based on the Vacancy Law, and you can now proceed to rent out your property. It is still important to ensure that everything runs according to the rules and that everything is properly and legally documented. A temporary lease agreement under the Vacancy Law must meet the following requirements:

• A temporary lease agreement for a minimum of 6 months.
• The notice period for the temporary tenant is at least 1 month.
• The notice period for the landlord is at least 3 months.

When working with a rental agent such as 'De Online Verhuurmakelaars,' you can expect that all matters and aspects of this rental process will be legally arranged correctly. This includes the drafting of a thorough and comprehensive lease agreement between the parties, incorporating all terms and conditions.

After reading the above, have you become interested in working with us? Or do you wish to obtain more information about renting out your property? Feel free to contact us without any obligation.