Short-stay and tenant rights in the Netherlands

What is short-stay rental?

Short-stay rental means that a home is rented temporarily for tourist stays, often via platforms like Airbnb. For tenants this can lead to more guests in the building, possible nuisance and uncertainty about who is responsible for damage. As a tenant you retain certain rights under tenancy law; some rules are in Book 7 of the Civil Code and local ordinances may impose additional restrictions.^[1]

Tenant rights and obligations

As a tenant you are protected against improper use of your living space by third parties and have the right to a habitable home. Key points to consider are:

• Rent payment (rent): check whether extra income or service charges apply and who is liable.
• Report repairs and defects (repair): report defects in writing and give the landlord a reasonable period to fix them.
• Landlord access and privacy (entry): the landlord may not enter at will; clauses in the contract and legal rules determine when access is allowed.
• Keep documentation and evidence (evidence): take photos of damage, keep messages and dates for a possible procedure.
• Deadlines for objections or complaints (deadline): respond within stated deadlines to written complaints or summons.
• Legal steps and the subdistrict court (court): in serious disputes the subdistrict court or Rent Tribunal can be engaged.^[2]

If short-stay causes nuisance or violates rules, start by collecting evidence and communicating in writing with the landlord. If the landlord takes no action, you can formally object or file a complaint with the Rent Tribunal regarding rent and service costs.^[2]

What can you practically do?

Follow these steps to address your situation without immediately going to court.

• Collect evidence: photos, date/time stamps and reports.
• Contact the landlord (contact) and ask for a solution within a reasonable period.
• Send a written notice of default or complaint (notice) with a clear deadline.
• If that does not help: seek legal help or file an application with the Rent Tribunal or subdistrict court.

For general policy and local rules you can also consult the Dutch Government website.^[3]

Frequently asked questions

May a landlord rent out my home for short-stays without permission?

A landlord cannot simply have third parties stay in a rental property if that harms your enjoyment of the home or the lease; check your tenancy agreement and local rules.

Can you demand a rent reduction due to nuisance from short-stay guests?

If there is demonstrable nuisance or loss of enjoyment of the home, you can discuss compensation or a rent reduction with the landlord and, if that fails, consider proceedings at the Rent Tribunal or subdistrict court.

When is the Rent Tribunal the right route?

The Rent Tribunal mainly handles issues about rent level and service charges; other disputes may belong with the subdistrict court.^[2]

How-to

1. Record dates, times and keep photos of nuisance or damage.
2. Notify the landlord in writing and request remedy or limitation of rentals.
3. Send a notice of default with a reasonable deadline for resolution.
4. If no solution, file a complaint with the Rent Tribunal or pursue legal steps via the subdistrict court.^[2]

Key points to remember

• Always keep written communication and evidence of reports.
• Know your rights and respond within legal deadlines.

Help and support / Resources

• Civil Code Book 7 on Wetten.nl
• Rent Tribunal 2D information and forms
• Dutch Government 2D housing and rental

1. [1] Wetten.nl 2D Civil Code Book 7
2. [2] Rent Tribunal 2D information and forms
3. [3] Government.nl 2D housing and rental