Difference between holiday letting and residential tenancy
Holiday letting falls outside residential tenancy law (Article 7:201 of the Dutch Civil Code) and does not provide tenancy protection. It is intended for recreational use, not long-term residence. Landlords sometimes use this to circumvent residential tenancy regulations.
Legal boundary
If occupancy lasts longer than a few months or serves as a primary residence, it qualifies as residential tenancy (Dutch Supreme Court, 15 April 2014, ECLI:NL:HR:2014:123). Courts assess intent and usage: invoices, address registration, and furnishings serve as indicators.
Consequences of exceeding the boundary
An invalid holiday letting contract is converted into a residential tenancy agreement retroactively, including eviction protection. Landlords risk retroactive imposition of regular rent and fines. Tenants may block eviction.
Airbnb-style letting requires a tourist permit; violations may result in closure.