Lease agreement
Court strikes down minimum rental period for permanent lease
You have found another home, give proper notice, and think the matter is settled. Then the landlord points out one clause in the contract: a minimum tenancy of twelve months. Leaving earlier is reportedly not allowed, or only for a fee.
A ruling by the District Court of Central Netherlands casts serious doubt on that. In ECLI:NL:RBMNE:2026:857, the subdistrict court ruled that the minimum rental period of twelve months in this indefinite-term tenancy agreement was void. The tenant was entitled to terminate the contract early with the statutory notice period.
What this means for tenants: A clause such as “non-terminable in the first year” is not automatically unassailable in an indefinite lease agreement. The legal final word has not yet been spoken, but tenants have a strong argument in hand with this ruling.
Last updated: July 16, 2026.
The tenant wanted to leave, the landlord stuck to twelve months.
On February 25, 2026, the sub-district court judge of the District Court of Central Netherlands ruled on a lease agreement for an indefinite period with a minimum tenancy of twelve months. The tenant wanted to leave earlier. The landlord argued that this was not permitted because the contract stated that the tenant had to rent for at least one year.
The judge did not agree with that. According to the subdistrict court judge, it gives Article 7:271 BW A tenant of residential property has the right to terminate a lease for an indefinite period with the statutory notice period. According to this ruling, a contractual agreement that temporarily excludes this right is not permissible.
The judge therefore ruled that the agreed minimum duration was void. The tenant was allowed to terminate the lease early. This is an important distinction for tenants who are unsure whether they can end a fixed-term tenancy early or instead have an indefinite-term agreement with a minimum duration.
Why is this ruling important for tenants?
Many landlords have used an indefinite tenancy agreement with a minimum rental period for years. In practice, it often looks like this:
- a lease agreement for an indefinite period;
- a provision that the tenant must rent for at least twelve months;
- a prohibition on cancellation in the first year;
- a fine, buyout fee or compensation for early departure;
- a threat that the deposit will be withheld if the tenant leaves anyway.
For tenants, such a provision often feels as though they have no choice. They then continue renting longer than they wish, or pay a fee to be allowed to leave. The ruling of 25 February 2026 makes it clear that this is not always correct. In the case of an indefinite lease, the tenant may possibly simply be able to terminate the contract with the statutory notice period.
Has your landlord asked for a fee because you left early? Then also read our explanation about a penalty for early termination of the rental contractThere we explain when a fine, compensation, or settlement payment may be legally challengeable.
What does Article 7:271 of the Dutch Civil Code mean for the tenant?
Article 7:271 of the Dutch Civil Code regulates how a residential tenancy agreement can be terminated. For tenants, it is particularly important that a lease for an indefinite period can be terminated. The notice period is usually equal to the rent payment term. If you pay monthly, the notice period is usually one month.
The law protects tenants against agreements that unduly restrict their right of termination. Therefore, the subdistrict court examined critically the provision that made termination impossible during the first twelve months. According to the ruling, that agreement went too far, because the tenant temporarily lost their statutory right of termination as a result.
Important: this does not apply to every rental agreement. The difference between a temporary contract, a permanent contract, an extended temporary contract, and a contract with a diplomatic clause can be significant. Do you have a temporary agreement? Then also view our explanation regarding a diplomatic clause in a rental agreement and the rules regarding temporary renting.
When can a minimum rental period be invalid?
According to this ruling, a minimum rental period can be particularly problematic when the contract is actually a lease agreement for an indefinite period. Consider the following situation:
| Context | Why this is important |
|---|---|
| You have an indefinite tenancy agreement | For an indefinite term, the tenant has a statutory right of termination. |
| The contract states a minimum of 12 months. | That agreement may limit the right of termination. |
| You pay monthly rent | The statutory notice period is often one month. |
| The landlord refuses your notice of termination. | The landlord must explain why your statutory notice of termination would not apply. |
| The landlord withholds the deposit | The deduction may be unjustified if the minimum duration is not valid. |
Therefore, it is not only about the text “minimum rental period”. Words such as “minimum duration”, “first year of tenancy”, “not terminable early”, “contract duration of twelve months”, or “fixed term” may also be relevant. The legal assessment depends on the entire lease agreement.
Can a landlord charge a penalty if you leave early?
A landlord may not simply demand a penalty, buyout fee, or compensation because you terminate the contract early. If the clause regarding the minimum rental period is invalid, the basis for such compensation may also disappear. The landlord must then demonstrate why you are required to pay anyway.
In practice, we often see tenants faced with an amount equivalent to one or more months' rent. Sometimes it is stated that these are administrative costs. Sometimes it is presented as damage, because the property needs to be re-rented. Sometimes the get the security deposit back from the landlord suddenly made difficult.
Always have such a claim verified. A landlord cannot use every contractual clause to demand money. Especially with residential properties, a great deal of mandatory tenancy law applies. This means that agreements that are detrimental to the tenant sometimes have no effect, even if the tenant has signed the contract.
What if the landlord refuses your notice?
If your landlord refuses your notice of termination due to a minimum rental period, it is advisable to respond calmly and in writing. Do not just give notice verbally, but ensure you have proof. Preferably use a registered letter or an email for which receipt can be clearly demonstrated.
A practical step-by-step plan:
- Check whether your contract is for a fixed or indefinite period.
- Read the provision regarding minimum duration, termination, and penalties carefully.
- Give written notice with the correct statutory notice period.
- Save all responses from the landlord.
- Do not pay a settlement amount immediately without legal advice.
- Have your contract checked if the landlord continues to refuse.
Is the situation becoming more grim and is the landlord threatening eviction, legal proceedings, or a claim? Then also read what you can do in the event of summons or eviction order as a tenantAfter all, different rules apply to termination by the landlord than to termination by the tenant.
What if your contract is temporary?
This ruling concerned a lease agreement for an indefinite period. If you have a temporary lease contract, it must first be assessed exactly what type of contract you have. Since the Permanent Tenancy Contracts Act (Wet vaste huurcontracten), indefinite-term tenancies are once again the general rule, but temporary tenancy remains possible in certain cases.
With temporary contracts, different questions arise. For example: is the landlord allowed not to renew the temporary tenancy? Was notice given on time? Has the contract since been automatically converted to an indefinite term? You can read more about this in our blog: Temporary rental agreement not renewed: rights of the tenant.
Does your landlord want to terminate your indefinite-term tenancy? That may involve a very different issue, such as urgent personal use by the landlord or a request for dissolution of the lease agreement by the landlord.
Is this ruling final for all tenants?
No. This is a ruling by a sub-district court judge. This means that the ruling is important, but not yet a final judgment by a Court of Appeal or the Supreme Court. Other judges may rule differently, especially if the contract wording or facts differ.
Therefore, it is wise to use this ruling as a strong argument, but not as an automatic guarantee. The landlord can continue to object. Dispute may also arise regarding whether the contract was truly for an indefinite period, or whether the parties agreed otherwise.
Nevertheless, the ruling is valuable for tenants. It shows that a minimum tenancy period is not always automatically valid. Anyone wishing to move, who has found a new home, or who must leave early due to circumstances, may be in a stronger legal position than the landlord suggests.
When should you seek legal advice?
Seek legal advice if one of these situations applies:
- your contract states that you must rent for a minimum of twelve months;
- you wish to terminate earlier than the minimum rental period;
- the landlord refuses to accept your notice of termination;
- you must pay a fine or settlement;
- the landlord is withholding your deposit due to early departure;
- you do not know whether your contract is temporary or permanent;
- You receive pressure, threats, or legal letters from the landlord.
Huurteam Nederland can review your lease agreement, notice of termination, and correspondence. We examine whether the minimum rental period holds up, whether compensation is justified, and what the legally sound response is. If in doubt, please contact us via Huurteam Nederland.
The fine print is not always the last word
The ruling ECLI:NL:RBMNE:2026:857 could be an important development for tenants with an indefinite-term tenancy agreement. The sub-district court ruled that a minimum tenancy period of twelve months was contrary to the tenant's statutory right of termination. As a result, the tenant was allowed to terminate the contract earlier.
For tenants, this means: do not be too easily deterred by a minimum rental period in your contract. Especially in the case of an indefinite lease agreement, such a clause may be invalid. Also, do not simply pay a fine or buyout sum. First, have it checked whether the landlord is entitled to it.
Questions tenants often ask about minimum rental period and termination
Can I terminate an indefinite tenancy agreement early if it includes a minimum rental period?
That may be possible. According to the ruling ECLI:NL:RBMNE:2026:857, a minimum rental period in an indefinite-term lease agreement may be contrary to Article 7:271 of the Dutch Civil Code. In that case, the tenant was allowed to terminate the contract earlier with the statutory notice period. However, have your contract checked first, as the exact wording is important.
Is a minimum rental period of 12 months always invalid?
No, that is not yet final for all situations. It concerns a ruling by a sub-district court judge. The line of reasoning may be followed by other judges, but there is no definitive judgment yet from a Court of Appeal or the Supreme Court. The legal assessment depends on the contract and the facts.
What is the notice period for a tenant with an indefinite contract?
For residential property, the notice period for the tenant is usually equal to the rent payment period. If you pay monthly, the notice period is often one month. However, notice must be given correctly and at the right time.
Can my landlord withhold my deposit because I am leaving early?
Not just like that. If the minimum rental period is not valid, the reason for withholding the deposit may also cease to exist. The landlord must be able to explain why a genuine payment obligation exists. Damage to the property, rent arrears, and early departure are legally distinct matters.
Do I have to pay if my landlord asks for a buyout fee?
Do not pay immediately. A buyout fee or penalty must have a valid legal basis. If the provision regarding the minimum duration is void, the compensation may also be contestable. First, request written substantiation and have the contract reviewed.
What should I do if my landlord refuses my notice of termination?
Respond in writing, retain proof, and refer to your statutory right of termination. Preferably send your notice of termination by registered mail or by email with a clear confirmation of receipt. Have your lease agreement reviewed before agreeing to a penalty or an extended rental period.
Does this ruling also apply to temporary rental contracts?
Not automatically. The ruling concerned a lease agreement for an indefinite period. Temporary leases have their own rules. Sometimes a tenant is allowed to terminate the contract early, while at other times the question is whether the contract has since been extended for an indefinite period.
Can Huurteam Nederland check my contract?
Yes. Huurteam Nederland can legally review your rental agreement, termination, deposit disputes, and correspondence with the landlord. We check whether the minimum rental period is valid and what steps are advisable to prevent or recover unjustified costs.
Sources
Do you want to cancel before the minimum rental period?
Discuss your rental question
