Platform Rentals and Tenants: Rules in the Netherlands
What is platform rental?
Platform rental means that a home or room is temporarily offered to guests through an online platform. This can involve short stays and affects subletting and the use of the home as a private residence or commercial accommodation. The legal basis for tenancy rights is in Book 7 of the Civil Code, which contains relevant provisions on subletting and termination of the tenancy agreement.[1]
When can the landlord rent via a platform?
Whether a landlord may allow platform rental depends on several factors: what the tenancy agreement says, which local rules apply and whether there is commercial exploitation. Municipal rules and zoning plans can impose restrictions, and contractual prohibitions are often decisive.
- The tenancy agreement or contract explicitly states whether subletting or platform rental is allowed or prohibited.
- Municipal permit requirements or zoning plans may prohibit platform rental for certain buildings or areas.
- Short-term rental via platforms can lead to extra costs, taxes or administrative obligations.
- Privacy, access to the home and safety are factors when granting consent and setting house rules.
As a tenant you usually have the right to quiet enjoyment and to use the home according to the tenancy agreement. If the landlord is actively involved in platform rental or allows third parties to rent without your permission, you can first raise your concerns in writing and request termination or adjustment. If consultation fails you can approach the Rent Tribunal or the court for a solution.[2]
Frequently Asked Questions
- Can the landlord rent via Airbnb without my permission?
- Usually not if this conflicts with your tenancy agreement or local rules. Check your contract and municipal regulations and communicate in writing with the landlord.
- What can I do if platform rental causes nuisance?
- Collect evidence such as adverts, messages and photos, report nuisance in writing and request measures. If problems persist, involve the Rent Tribunal or the court.
- When is the Rent Tribunal the right body?
- The Rent Tribunal often handles issues about rent and service charges; for more complex disputes about eviction or breach of contract the subdistrict court is usually competent.
How-To
- Check your tenancy agreement for clauses on subletting or platform rental.
- Speak with the landlord first and request written permission or a solution.
- Gather evidence: adverts, messages, bookings and photos of the situation.
- If no solution is found, file a complaint with the Rent Tribunal or consider court action in the subdistrict court.
Help and Support / Resources
- Rent Tribunal: information and complaint procedures
- Wetten.nl: Civil Code Book 7
- Government.nl: municipal rules and permits
