Calculating fair subletting for tenants in the Netherlands
What is fair subletting?
Fair subletting means that the rent a subtenant pays is proportional to the total rent and shared costs of the dwelling. As a tenant in the Netherlands, it is important to know that the main lease, local rules and reasonableness tests determine which costs may be passed on. If in doubt, consult the Huurcommissie[1] or refer to the legislation on Wetten.nl[2] for Book 7 of the Civil Code.
How do you calculate fair subletting?
- Base rent (rent): divide the total rent burden proportionally by space or use.
- Service costs (fee): calculate only actual additional costs such as energy or internet that are shared.
- Divide pro rata costs (document): record who uses which spaces and how costs are shared.
- Record any agreements in writing (form): document mutual agreements in a short sublet addendum.
Evidence and communication
Ensure clear substantiation if the reasonableness of the subrent is disputed. Document the following items and keep copies:
- Rent payments and receipts (proof).
- Photos of shared spaces and an overview of usage (evidence).
- Written agreements and emails between tenant and subtenant (form).
What to do in case of disagreement
If the landlord or subtenant has a complaint about the amount of the subrent, first try to discuss and explain the cost allocation. If discussion does not help, you can request a decision from the Huurcommissie[1] or, for other tenancy matters, involve the cantonal judge. In every contact, clearly state the amounts you charge and show your evidence.
Key takeaways
- Calculate subrent based on actual costs and use.
- Put agreements in writing to avoid misunderstandings.
- Seek help from the Huurcommissie or consult the law if there is a dispute.
Help and Support / Resources
- Huurcommissie - information and forms
- [2] Wetten.nl - Civil Code Book 7
- Government.nl - housing and tenancy law
