Recovering Overcharged Subrent for Tenants Netherlands
As a tenant in the Netherlands, you may sometimes pay too much subrent to a subtenant or co-tenant. This article clearly and practically explains the steps you can take to reclaim those overpaid amounts: which pieces of evidence matter, how to make a formal request to the subtenant, when to involve the Rent Tribunal[1] or the cantonal court[2], and which deadlines apply. The text is intended for tenants without a legal background and uses plain language. Follow the steps and track deadlines to increase your chances of success. Where possible we refer to official sources and forms that tenants in the Netherlands can use.[3]
What you can do
Follow a step-by-step approach: first collect evidence, send a clear written request and only involve third parties if direct negotiations fail.
- Collect evidence (evidence): bank statements, payment requests, chat messages and photos.
- Send a formal request: a written claim to the subtenant with a clear amount and deadline.
- Calculate the reclaim amount (amount): list what you overpaid.
- Monitor deadlines (within days): send reminders and note any response times.
Detailed documentation increases your chances of success in a dispute.
An effective request contains clear facts, the requested amount and a reasonable payment deadline. Always mention dates and payment references.
- Names and addresses of both parties, amount and payment dates.
- Copies of payments and communications as evidence.
- A reasonable payment term, for example 14 days.
Keep originals and make multiple copies of important evidence.
When to involve the Rent Tribunal or cantonal court
If the subtenant does not respond or refuses to pay, consider an external procedure. For disputes about rent or service charges the Rent Tribunal is often the right starting point; for other claims you can go to the cantonal court.
- Apply to the Rent Tribunal: for disputes about rents and service charges.[1]
- Involve the cantonal court: for claims outside the Rent Tribunal, such as contract breaches.
Respond promptly to official letters to preserve your rights.
Frequently Asked Questions
- Can I reclaim subrent from my subtenant?
- Yes. If you can show you paid too much and first made a written request, you can seek reimbursement via the Rent Tribunal or the cantonal court.
- How long do I have to reclaim?
- Be aware of limitation periods; consult Book 7 of the Civil Code for specific rules and deadlines.
- Do I need to inform the main landlord?
- It is advisable to inform the main landlord, especially if lease agreements affect your claim.
How-To
- Gather evidence (evidence) of amounts paid and communications.
- Send a written request to the subtenant with a clear deadline.
- Wait the given deadline and send a reminder if needed.
- If there is no solution, file with the Rent Tribunal or prepare a summons for the cantonal court.
- Follow the procedure and bring all documents to any hearing.
Key takeaways
- Keep all payment proofs and communications organized.
- Send a clear written claim before starting formal procedures.
- Watch deadlines and involve the right authority in time.
