Temporary rental property Amsterdam: Legal advice

Questioner

I am looking for a temporary furnished rental property in Amsterdam and through an estate agent I have viewed an apartment that is available for 6-9 months. Now during the viewing it came to light that the owner remains registered at the address and 1 more person can be added (me as tenant). Electricity, water, internet etc. also remain in her name. My question is, is the landlord allowed to remain registered at all in the event of temporary rental (the agent indicated that the owner only lives there for 3 months a year)? Is it normal for electricity, internet, etc. to remain in the landlord's name in the case of temporary rental? And does this mean that I would automatically become fiscal partners with my landlord? I don't want any problems with the landlord, municipality and/or tax authorities...

Lawyer

Yes, there is now a risk that you will both be considered as allowance partners (think of healthcare allowance) and you must take that into account when considering whether or not you want to rent. The bank may also not know that the lady is renting out her home. In any case, there is reason to negotiate the rent. One option is to establish a sublease contract. The municipality will increase the levies to a multi-person household; who is going to pay for that?

Questioner

Thanks for the quick feedback! As for allowances, I don't see a big issue since I usually can't claim them because my income is too high. Municipal taxes are calculated in addition to the basic rent in a fixed price with gas/water/electricity/internet. The most important thing for me is that it is allowed and that I will not get into trouble with the tax authorities or the municipality. If the bank does not know that she is renting out her home and finds out, will that mean that I have to move? And if the owner suddenly decides to want to live in her home again (she is already registered there), can this just happen? Or will the lease provide protection in this?

Lawyer

Yes, the bank must give permission, but that does not have an immediate effect. The landlord is then summoned to terminate the unlawful lease, but that does make him liable to you. The lease contract offers you protection if there is no diplomatic clause in it. I can check it for you and also assess the additional question regarding taxation (fiscal partnership). I do not see many problems arising with the municipality, certainly not if the landlord does not receive any benefits or something similar.