Subletting: deadlines and consent for tenants in NL
What is subletting?
Subletting means a tenant (the main tenant) rents part or all of the dwelling to another person temporarily. In many contracts subletting is only permitted with the landlord's consent or under strict conditions in the rental agreement. The rules are set out in Book 7 of the Civil Code and can affect the rights and obligations of both the main tenant and the subtenant.[1]
When is consent required?
Consent is usually required when a tenant has someone else living in the rental property on a long-term basis. Consent can be written or verbal, but written consent is important as evidence. Landlords may include specific deadlines and conditions for subletting in the lease; if so, the tenant must follow them. If a landlord unjustly refuses, tenants can seek advice or start a procedure with the Rent Tribunal or the court.[2]
- Check deadlines and any notification deadlines in your rental agreement.
- Always request written consent and keep emails or signed statements as proof.
- Put agreements about maintenance and responsibility for repairs in writing.
Practical preparation steps
Before welcoming a subtenant, follow simple steps to reduce risks: check the lease for prohibited subletting, request written consent from the landlord or main tenant, and record key agreements such as keys, payment obligations and any deposit. Document the condition of the property with photos and emails so you have evidence in case of a dispute.
What to do in a dispute
If a conflict arises over subletting, first review what is agreed in writing. Send a clear written statement with your request or objection and keep all correspondence. If discussion does not help, the Rent Tribunal can be contacted for rent or service charge disputes; for other legal disputes the cantonal court may be involved.[2]
- Gather evidence such as photos, communications and the contract.
- Contact the landlord or Rent Tribunal for advice and options.
- Consider legal action in the cantonal court if mediation fails.
FAQ
- Can I sublet without permission?
- In most cases permission is required; without permission tenants risk termination of the lease or other legal action.
- How do I prove I have permission?
- Keep emails, signed forms or a written statement from the landlord or main tenant as proof of permission.
- Where can I get help with a dispute?
- You can contact the Rent Tribunal for rent and service charge disputes and the cantonal court for other rental matters.
How-To
- Check the rental agreement for clauses and deadlines regarding subletting.
- Request written consent from the landlord or main tenant and keep the document.
- Document the condition of the property with photos and agree on payments.
- Contact the Rent Tribunal for information and possible forms if there is disagreement.[3]
- Seek legal help or start proceedings in the cantonal court if mediation fails.
Help and Support / Resources
- [1] Rent Tribunal - information and forms
- [2] Wetten.overheid.nl - Civil Code Book 7
- [3] Government.nl - information for tenants