Can Landlord Charge Sublet Fees? Netherlands
What can a landlord charge for subletting?
The Civil Code Book 7 governs tenancy law and includes provisions relevant to subletting and charging fees. If a landlord charges fees for allowing subletting, that must fit within the law and your lease.[1]
When are fees reasonable?
- Amount of the fee (fee): only costs that cover actual expenses are more likely to be reasonable.
- Administration and time (time): a limited fee for reasonable administration may be acceptable.
- Profit motive: a landlord usually may not make additional profit from subletting and that weighs against reasonableness.
- Market comparison (rent): comparable prices and platform fees can help determine what is reasonable.
What can you do in a dispute?
If you believe a landlord is charging unreasonable fees, start with clear documentation and a written request or objection. Often you can try to negotiate with the landlord first or seek mediation. For official procedures you can contact the Rent Tribunal (Huurcommissie) or, for other tenancy disputes, the subdistrict court; also consult government guidance on housing procedures.[3]
- Gather evidence: copies of the lease, payment receipts and photos.
- Contact the landlord and request a written breakdown of the fees.
- File a complaint or application with the Rent Tribunal if it concerns rent or service charges.
- Consider legal action in the subdistrict court if mediation or the Rent Tribunal do not resolve the issue.
Frequently Asked Questions
- Can a landlord profit from subletting?
- Usually not; fees must be proportionate to actual expenses and should not result in additional profit beyond normal costs.
- Can my lease completely prohibit subletting?
- Some contracts include restrictions; without clear permission subletting can be problematic. Check your lease and discuss with the landlord.
- Where can I go for disputes about sublet fees?
- You can start with a written objection, then involve the Rent Tribunal for rent or service charge disputes, and finally consider the subdistrict court.[2]
How-To
- Collect documents and evidence: lease, payment records and photos.
- Send a written request or complaint to the landlord and keep a copy (file).
- Submit an application to the Rent Tribunal if it concerns rent or service charges and follow their instructions.[2]
- If needed, take the case to the subdistrict court for a legal decision.
Key takeaways
- Not all fees are allowed; reasonableness and evidence are decisive.
- Documentation increases your chances in objections or proceedings.
- Try written contact and the Rent Tribunal before going to court.
Help and Support / Resources
- Wetten.nl - Civil Code Book 7
- Rent Tribunal (Huurcommissie) - information and applications
- Government.nl - housing and tenancy law