Can a landlord reclaim excess subrent in the Netherlands

As a tenant in the Netherlands you may face questions about subrent: can a landlord reclaim amounts if he believes the subrent was too high? This article clearly explains what "subrent" means, which rules apply under Dutch tenancy law, when a landlord can claim repayment and which steps you as a tenant can take. We discuss evidence, deadlines, involved institutions such as the Rent Tribunal and practical actions like collecting documents and filing a complaint. The text uses plain language so tenants without a legal background can understand their rights and obligations and how to prepare their case step by step in the Netherlands.

What does subrent mean and when does a claim arise?

Subrent is when a tenant (the main tenant) rents part or all of the dwelling (or room) to another person for payment. A landlord may try to reclaim money if he believes the subrent was higher than allowed or contrary to the tenancy agreement. The rules for tenancy agreements and possible reclaim are in the Civil Code Book 7^[1], but much depends on the specific tenancy agreement and facts.

When does the landlord have a realistic chance?

A landlord can only successfully reclaim if he can prove the subrent was unlawful and that he suffered actual damage. That usually requires clear evidence: payment records, the subrental agreement, and communications about the arrangement. If the main tenant had written permission or the subrent was within a reasonable market amount, reclaim is more difficult.

Key pieces of evidence

• Keep payment records and subrental agreements as evidence (payment receipts).
• Take photos or keep a log of contact moments and agreements (evidence).
• Record written permission or the absence of it (form).

Practical steps for tenants

Follow these steps when the landlord asks for repayment. Short and concrete: check exactly what is being requested, gather evidence and respond in writing.

1. Check your tenancy agreement and all subrental agreements for arrangements and permission.
2. Collect payment proofs, bank statements and receipts (payment receipts).
3. Prepare a written response to the landlord presenting your facts and evidence (form).
4. Contact the Rent Tribunal or seek legal advice if disagreement continues (help).

Frequently Asked Questions

Can the landlord simply reclaim money from the tenant?

Not simply; the landlord must prove the subrent was unlawful and that he suffered damage. Without evidence a claim is hard to enforce.

Can I go to the Rent Tribunal with a dispute about subrent?

The Rent Tribunal often handles disputes about rent and service charges; for issues about unreasonable rent or disputes about amounts the Rent Tribunal or the court can be involved depending on the situation^[2].

What deadlines apply for reclaim?

Deadlines depend on the nature of the claim and any limitation periods; written reminders often start the process, but legal advice helps determine if and within which deadline action is needed.

How-to steps

1. Read your tenancy agreement and note clauses about subrent.
2. Gather evidence: contracts, bank statements and messages from the landlord.
3. File a written response or objection with the landlord and request a breakdown of the claimed amount.
4. If no solution follows, seek advice from the Rent Tribunal or a legal advisor and consider proceedings at the subdistrict court.

Help and support

• [1] Wetten.overheid.nl - Civil Code Book 7
• [2] Huurcommissie.nl - Information for tenants
• [3] Government.nl - Guidance on housing and renting

1. [1] Wetten.overheid.nl - Civil Code Book 7
2. [2] Huurcommissie.nl - Information for tenants
3. [3] Government.nl - Guidance on housing and renting