Vacancy law Municipality of Amsterdam

Amsterdam Real Estate

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Empty State Act Municipality of Amsterdam

What is the vacancy law Amsterdam?

The vacancy law is a regulation that gives an owner of a house the possibility to temporarily rent out his house. In this case, the temporary character mainly plays a role. If, for example, the sale of the house does not go as quickly as you expected and you want to avoid double taxation, you can let under the vacancy law. Or to prevent the impoverishment of the house due to vacancy. You can also make use of this regulation in case of renovation and demolition. Temporarily renting out a house can be a solution. For this you need to apply for a permit from the municipality.

This solution offers advantages for both parties. As a landlord, you are then not bound by all rent protection provisions and you have the possibility to cancel the house. However, a number of conditions must be met. As a tenant, you can often get a temporary home in this way, i.e. for a shorter period of time. Rental contracts are often for at least 1 year.

Where do I apply for a permit for the Amsterdam Vacancy Act?

To rent out your property under the vacancy law Amsterdam you can apply for a permit at the district office in Amsterdam. Don't forget to ask your mortgage lender for permission! There are many administrative and legal matters involved. Feel free to contact Amsterdam Real Estate for advice. The costs for a permit for the vacancy law Amsterdam will be € 147,- in 2020. A number of requirements and conditions are taken into account when the municipality issues a permit:

  • The house must be unoccupied, so no one may be registered at the address to be let.
  • A landlord may not let more than two owner-occupied houses at the same time
  • You must be able to prove that you have already bought another house
Please note that the decision period of the College of Mayors & Aldermen can take up to eight weeks. If you want to rent out under the vacancy law Amsterdam, it is best to start as early as possible. You can find the application form for the vacancy law Amsterdam here: Application form vacancy law Amsterdam

How do I apply the permit?

As already mentioned, the application of the vacancy law Amsterdam offers many advantages, but you should handle it with care. For example, if the tenancy agreement does not state that it is a temporary lease on the basis of the vacancy law Amsterdam, the tenant may still be entitled to rent protection and you cannot simply terminate the lease. You must therefore handle it carefully, which is often a requirement of the bank in the case of a mortgage. 

To prevent the permit from being declared invalid, always contact Amsterdam Real Estate first. Together with our legal department, we can examine, free of charge and without obligation, whether the vacancy law Amsterdam is the best option in your case and how we can best deal with it.
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