Reclaim Overcharged Subrent for Tenants in Netherlands
As a tenant in the Netherlands you may sometimes pay too much subrent to a subtenant or housemate. This article explains step by step how to reclaim excessive subrent, which rights and obligations tenants and landlords have, and which pieces of evidence help with a claim. You will read when to send a polite written request first, how to check calculations, and when it makes sense to involve the Rent Tribunal[1] or a cantonal judge. The guidance focuses on clear actions, practical examples and tips so you as a tenant can act confidently and with good documentation in the Netherlands. We help you in a practical way.
What to do if you pay too much subrent
First check your agreements: review the subtenancy contract, any verbal arrangements and the main tenancy contract. Legal rules on rent and subrent are in Book 7 of the Civil Code[2]. For official information on rules and policy you can consult the government website[3].
- Send a written demand for repayment with a clear calculation and a reasonable deadline.
- Calculate exactly how much was overpaid and record dates and amounts.
- Keep all evidence: payment receipts, messages and photos of key handover.
- Set a reasonable deadline (for example within 14 days) and state the consequences if ignored.
- Consider mediation or filing a request with the Rent Tribunal if voluntary resolution fails.
If the other party refuses to pay, send a formal notice of default and put your actions in writing. If that does not help you can file a request with the Rent Tribunal or go to the cantonal court.
Frequently Asked Questions
- What should I do first if I pay too much subrent?
- Send a written demand with your calculation and keep all evidence; first try to resolve the issue with the other party.
- Can I hold my primary tenant directly liable?
- That depends on the agreements and whether the primary tenant allowed the subletting; legal advice may be necessary.
- How long do I have to claim subrent back?
- Check limitation periods in the Civil Code and act promptly; the sooner you act, the better your chances of success.
Step-by-step
- Collect documents: payment receipts, messages and agreements.
- Calculate the exact overpaid amount with dates and amounts.
- Send a written request for repayment with a reasonable deadline.
- Wait within the stated deadline (for example within 14 days) for a response.
- If no solution follows, file a complaint with the Rent Tribunal or consider court action at the cantonal court.
Key takeaways
- Document payments and communications immediately and keep copies.
- Carefully calculate what you overpaid before filing a claim.
- Respond promptly to counter-responses to avoid limitation and evidence loss.
Help and support
- Disputes about rent and service charges at the Rent Tribunal
- Legal rules in the Civil Code (Book 7)
- Government information and policy on tenancy law
