Reasonable Subletting: Who Pays? Tenants Netherlands
As a tenant in the Netherlands you want to know who pays in reasonable subletting and which costs for maintenance or small repairs are the responsibility of the tenant or landlord. This article explains in plain language how reasonable subletting is assessed, when you as a subtenant may expect costs, and which steps you can take if a dispute arises. We cover practical examples, documents you need and how to gather evidence for the Rent Tribunal[1] or the cantonal court. After reading you will better understand your rights and duties, and can take targeted actions to distribute costs fairly or address a dispute.
What is reasonable subletting?
Reasonable subletting means a tenant temporarily sublets part of the living space without agreements being unreasonably disadvantageous to the main tenant or landlord. The assessment looks at duration, price and agreements in the sublease contract and at relevant rules in the Civil Code Book 7.[2]
Who pays maintenance and small repairs?
Who pays depends on agreements and what is considered a 'small repair'. In practice the following divisions often apply:
- Tenant: small repairs and daily maintenance such as minor leaks, faulty taps or replacing light bulbs.
- Landlord: major repairs that affect structure, heating systems or habitability.
- Subletting costs: specific agreements in the sublease contract often determine if costs are shared between main tenant and subtenant.
Evidence and documents
Good documentation is essential if you want to reclaim costs or bring a dispute forward.
- Photos of defects with date stamps.
- Receipts, quotes and proof of payment for repairs.
- Keep all emails, messages or registered letters as written evidence.
What to do in a dispute
Follow a step-by-step approach: first discuss with the landlord or main tenant, then formal complaint or mediation via the Rent Tribunal and finally a procedure at the cantonal court for matters that cannot be resolved through mediation.
- First file a written complaint with the landlord and request repair or compensation.
- If the dispute concerns rent, service charges or reasonableness of clauses, consider an application to the Rent Tribunal[1].
- For other legal disputes you can go to the cantonal court; keep all evidence and deadlines ready.
Frequently Asked Questions
- Can I as a tenant pass on small repair costs to a subtenant?
- Yes, if this is agreed in the sublease contract and the costs are reasonable.
- When does the Rent Tribunal intervene?
- The Rent Tribunal often handles disputes about rent price, service charges and the reasonableness of provisions.[1]
- Where can I find the legal rules about subletting?
- The legal basis is in the Civil Code Book 7.[2]
How-To
- Check the written contract and agreements about subletting.
- Take photos and keep receipts and communication as evidence.
- If there is a dispute, first submit a written complaint to the landlord.
- Consider a complaint to the Rent Tribunal or a procedure at the cantonal court.
Help and Support / Resources
- Rent Tribunal - complaints and forms
- Wetten.nl (Civil Code Book 7)
- Government.nl - information for tenants
