Important rules for renting out your home
Are you planning to rent out your house? Then it is important to take the applicable rules into account. We elaborate on the following laws and regulations for home rental.
- Rent out house rules for temporary rental
- You have a mortgage, can you then rent out?
- Tax rules and rental
- Points and the maximum rental price
- Required permits for home rental
- Rent furnished or unfurnished
- Rules for renting out a second home
- Rules for renting out as a holiday home
Rental law is mandatory law. This means that there is no space to make agreements with a tenant yourself. You must comply with all prescribed rules. If you deviate from these rules, the entire agreement will be invalid.
We are affiliated with the VBO and are always informed of the latest legislative changes. In this way we ensure that a solid lease is there at all times. As a result, you don't have to worry about the rules when you rent out your house. There are special lease agreements for renting out to expats, such as the diplomatic clause.
Rent out house rules for temporary rental
There may be several reasons for renting out your house temporarily
. For example because you are going abroad, because you have not yet sold your apartment or house or simply for investment. Is that allowed? For temporary renting out a home you must apply for a permit from the municipality where the home is located in certain situations. This is the case if there is a lease on the basis of house custody and on the basis of the vacancy law. We explain the two options below.
Rent out the house rules temporarily via the vacancy law
Renting out via the vacancy law is only possible with your own owner-occupied home, and is permitted if your home or apartment is demonstrably for sale. In the vacancy law, a number of provisions from the standard rent law are not valid.
A good example of this is that you have to let your home for at least 6 months. After this period you may, after the sale for example, cancel the lease with 3 months notice period for the tenant. To be able to do this you have to apply for a permit from the municipality. If you let your property through us we arrange that. To get a permit for renting through the vacancy law, there are a number of rules about renting a house that you have to comply with, namely:
- Your home is visibly for sale
- You rent for at least 6 months
- The property is uninhabited
- You have no more than two properties for sale in the rental
If you meet the above points, chances are that you will receive the permit. However, this depends on the municipality. A few benefits:
- You can determine the rental price yourself, because the rental does not fall under the points system.
- You may cancel the agreement for no reason with a statutory notice period of three months. For example when you have sold the property.
- You don't have to pay for a house where you no longer live.
Renting out a house temporarily via house custody
Renting out through house keeping is possible if the owner is temporarily staying somewhere else and then returns to the home. Renting out under house keeping is not possible in every municipality. We can further advise you on this. Conditions for renting through house keeping:
- The caretaker (temporary user) must be older than eighteen years.
- The owner / lessor must be able to prove that he / she is temporarily completing work or study abroad or outside the region.
- It must be possible to submit documents proving temporary nursing, detention or cohabitation.
- In the case of a rental property there must also be permission from the owner.
If you want to rent out temporarily in order to live together as a trial, you may rent out temporarily for one year at most. If you are staying abroad temporarily for work or studies, the maximum period is two years.
You have a mortgage, can you then rent out?
Are you going abroad for a year? Or are you going to live together and want to keep your apartment or house for a while? It may be that there is a rental clause in your mortgage. This means that you must ask your mortgage lender for permission to rent out your home.
Not every mortgage provider gives permission for this. The main reason is fairly simple; the value of your home decreases in the event of a forced sale if a tenant occupies the home. These are risks that we can of course help you with. You can always contact us for this.
Tax rules and rental
Mortgage interest deduction
If the home is financed with a loan, you may deduct the mortgage interest in box 1 under certain conditions. You can still continue to take advantage of this benefit when renting out the home. It is also possible to place the rent under box 3.
Mortgage interest deduction for second home
The mortgage interest deduction only applies to the main residence. The mortgage interest is not deductible for a second (recreational or holiday) home. An exception is when you own two properties, one of which is for sale. Then from the moment the property is for sale you are entitled to a maximum of two years of double mortgage interest deduction.
Mortgage interest deduction for temporary rental
To be eligible for mortgage interest relief, your main residence must be in the Netherlands. For example, if you go abroad for a year to travel around, you can prove that you do not have a permanent place of residence and your home in the Netherlands is still regarded as the main home. However, if you go abroad as an expat, the tax authorities can judge that your main residence is no longer in the Netherlands, so that you are no longer eligible for mortgage interest relief. The property will then be taxed in box 3.
Scoring and maximum rental price
(or points system) determines the maximum rental price for a home. This point system is also referred to as the "home valuation system". Points are given for the energy label, the WOZ value, the surface area, heating system, kitchen, sanitary facilities and living environment. A property with 147 or more points falls under the so called "free sector". You then can determine the rental price yourself. This limit is also called the liberalization limit.
If the house has 146 or fewer points, it falls under "social rent" and the government determines how much an owner can ask for rent. This maximum rental price is 1:1 equal to the number of points. Are you wondering if your home falls into the free sector? Please contact us.
Curious about an indication of your rental price? Click on the button below to request a free rental price calculation.
Required permits for home rental
You need 1 or more permits for renting out living space. The municipality in which you want to rent determines their own rules for renting out houses. For example, the municipality of Utrecht and Rotterdam have arranged that in certain neighborhoods no houses may be split into rooms or separate houses. The municipality also wants to balance some neighborhoods by not providing housing to underprivileged so that a better living environment is created. This housing policy is included in the so-called housing regulation.
Do you want to be sure that you follow all the rules correctly? We can take care of this during the rental process. As a VBO member
, we are always aware of the latest requirements and changes.
Rent furnished or unfurnished
You are free to choose to rent the property bare, furnished or unfurnished. It does not matter whether the property falls under the free sector or not. Do you want to know more about the differences? Then view our page about renting your house furnished
Rules for renting out a second home
Suppose you have bought a second home in Rotterdam and want to rent it out. So you rent a different property than the house that you live in. Then you do not have to add the rent that you receive to your annual tax return. You must, however, add the value of the home in Box 1. If you have taken out a loan for the home, add this as a debt in box 3.
Rent house rules as a holiday home
If you want to rent a holiday home, then in most cases you do not have to pay tax on your rental income. Do you provide additional services such as a Bed & Breakfast? Then the rental income does count as income, and you have to add this in box 1.
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