Short-stay by Landlord: Tenant Rights Netherlands
As a tenant in the Netherlands you want to know whether your landlord can organize short‑stay rentals in your home or building. This article explains in plain language what short‑stay means, when the landlord needs permission, what tenant rights and obligations exist, and what steps you can take if you disagree. We cover relevant rules from the Civil Code[1] and where to turn for help, such as the Rent Tribunal[2] and government information[3]. The text is aimed at tenants without legal expertise and gives practical tips on documentation, communicating with the landlord and filing complaints. I also explain when municipal rules or house rules can prohibit short‑stay and how to involve the residentsassociation or municipality. At the end you will find frequently asked questions and a step-by-step plan to address issues safely and effectively.
What is short-stay?
Short‑stay means that a landlord or tenant rents living space temporarily for short periods, often via platforms such as Airbnb. Different rules may apply to short‑stay: tenancy law, municipal permits, HOA rules and contractual provisions. Short‑stay can affect enjoyment of the home, safety and insurance.
When does the landlord need permission?
Whether a landlord may arrange short‑stay depends on the tenancy agreement, any prohibitions and local rules. Important situations include:
- Check the tenancy agreement for a clause that forbids or allows short‑stay.
- Pay attention to HOA rules and provisions in apartment law that can limit rentals.
- Municipalities may have permits or reporting requirements for short‑term rentals; check with your municipality.
Tenant rights and obligations
As a tenant you are entitled to privacy, enjoyment of the property and safety. The landlord may not place other people or temporary guests in your rented space without agreement or if it is not included in the contract. The landlord remains responsible for maintenance and safety of the dwelling.
- Access: the landlord must announce when he will enter the property and must respect that unsolicited entry is not allowed.
- Maintenance: repairs remain the landlord's responsibility unless otherwise agreed in the contract.
- Rent and extra costs: short rental to third parties must not lead to unreasonable costs or deductions from the deposit without permission.
What to do if you disagree?
If you suspect your landlord arranges short‑stay without permission or in a way that harms your enjoyment, consider the following steps:
- Document noise, changing visitors or other issues with dates, photos or videos where possible.
- First speak with the landlord and put your concerns in writing; ask for clear agreements.
- If discussion does not resolve the issue, consider filing a formal complaint with the landlord, HOA or municipality.
- For contractual disputes you can go to the subdistrict court; for matters on service charges or rental conditions the Rent Tribunal may provide advice or rulings where applicable.
Frequently Asked Questions
- Can my landlord allow short‑stay guests in my rented home without consultation?
- In most cases not without permission if it affects your enjoyment or if the tenancy agreement prohibits it; check your contract and local rules.
- Can I take action against short‑stay that causes nuisance?
- Yes, document the nuisance, talk to the landlord and consider reporting to the municipality or filing a formal complaint; in some cases the Rent Tribunal or court can help.
- Where can I find official information about tenancy law and short‑stay in the Netherlands?
- Consult the Civil Code Book 7 for tenancy law, the Rent Tribunal for disputes and municipal rules via the national government website.
Step-by-step plan
- Check your tenancy agreement for clauses on subletting or short‑stay.
- Document issues with dates, photos and a log of incidents.
- Contact the landlord in writing and request a resolution.
- If problems persist, file a complaint with the landlord, HOA or municipality and consider the Rent Tribunal or court.
Help and support
- Rent Tribunal - information and procedures
- Wetten.nl - Civil Code Book 7
- Government.nl - national and local rules