Subletting in the Netherlands: tenant permission
What is subletting?
Subletting means that a tenant (the primary tenant) temporarily rents part or all of the property to a third party. The basic rules for tenancy and subletting are found in the Civil Code Book 7 and form the legal background for the rights and obligations of tenants and landlords.[1]
When is permission required?
Landlord permission is often required, especially if the lease prohibits subletting or if subletting significantly deviates from the agreed use. Note that overcrowding or changes in household composition can also justify a landlord's refusal.
- If the lease agreement explicitly prohibits subletting.
- If subletting leads to structural overcrowding or change of use.
- If the landlord can demonstrate that building safety or peace is at risk.
- When commercial renting or short-term rentals (e.g., via platforms) occur.
How do you request permission?
Request permission from the landlord in writing and include clear information: name and contact details of the subtenant, duration of the sublet, reason and optionally a copy of the sublet agreement. Add supporting documents such as IDs and a brief explanation of the expected impact on the use of the property. If you cannot agree with the landlord, you can consider a procedure or seek advice from an independent body.[2]
- Send a polite, dated written request stating the reason and period of subletting.
- Include documentation: subtenant contact details, ID copy and proposed payment arrangements.
- Keep a copy of the request and all correspondence.
- Try to reach a written permission or reasonable solution by agreement.
- If there is a dispute, seek help from an official body or legal support.
Frequently Asked Questions
- Can I sublet without permission?
- Usually you need written landlord permission if the lease requires it or if subletting materially deviates. Refusal must be reasonable and based on concrete grounds.
- What if the landlord wrongly refuses?
- Document your request and explain why subletting is reasonable; if agreement fails you can seek advice or start a procedure with the competent body.
- Am I liable for subtenants?
- As the main tenant you often remain responsible under the lease and for the behavior of subtenants towards the landlord.
How-To
- Check your lease agreement for clauses about subletting.
- Prepare a written request with all relevant details.
- Send the request and keep proof of sending and receipt.
- Await a reply and, if necessary, discuss with the landlord.
- Seek official help or legal advice if you cannot reach an agreement.
Help and Support / Resources
- Rent Tribunal - information and procedures
- Wetten.overheid.nl - Civil Code Book 7 (Tenancy law)
- Government.nl - official tenant information