Subletting in the Netherlands: who pays and consent
As a tenant, subletting can be a useful option but it also raises questions about consent, liability and costs. In the Netherlands there are clear rules: usually the subtenant needs the main tenant's consent, and often the landlord's permission is required or subletting is restricted by the contract and the law. This guide helps you as a tenant or subtenant understand step by step who pays for damage, what rules apply to minor repairs and when you can seek legal help. We explain practical steps, how to collect evidence and when you can involve the Rent Tribunal or a court. That way you take manageable steps within Dutch tenancy rules.
When is subletting allowed?
Subletting is not automatically allowed; it depends on your rental contract and the rules in Book 7 of the Dutch Civil Code. In many cases the main tenant must give permission and some landlords only allow subletting after explicit consent. Always check your lease and ask for written confirmation if you want to sublet.[1]
Who pays for repairs and damage?
Responsibility for costs depends on the cause and the contract terms. Minor repairs (routine maintenance) are often the tenant's responsibility, while major repairs or defects due to normal wear are generally the landlord's. With subletting there are often separate arrangements: the subtenant is responsible for damage they cause, but the main tenant usually remains responsible towards the landlord.
- The subtenant pays for damage they caused themselves.
- The main tenant remains liable for defects towards the landlord.
- The landlord is responsible for structural and non-user-related repairs.
Agree liability and costs in a sublease
Record in a written sublease who pays for which repairs, who manages the deposit and what the rules are for daily maintenance. Also mention how you handle inspections and key handover so everyone knows what to expect.
What to do in case of a dispute?
First try to resolve the issue amicably and collect evidence: photos, payment proofs and emails. If that fails you can involve the Rent Tribunal for many tenancy disputes or go to the cantonal court for disputes outside their competence.[2]
Frequently Asked Questions
- Do I need the landlord's permission to sublet?
- Often yes; check your lease and ask the landlord for written permission to avoid problems.
- Who pays for minor repairs in subletting?
- Minor repairs are usually the responsibility of the tenant or subtenant, depending on who caused the damage.
- Can the Rent Tribunal help with subletting disputes?
- The Rent Tribunal can advise or decide on certain rental disputes; other matters fall under the cantonal court.[2]
How-To
- Check the rental agreement for subletting clauses.
- Request written permission from the landlord and keep proof.
- Document terms in a sublease about costs, deposit and maintenance.
- Collect evidence when damage occurs and attempt dialogue before formal steps.
- If unresolved, file a request with the Rent Tribunal or seek legal advice.
Key Takeaways
- Always obtain written consent before subletting.
- Set clear agreements about costs and damage in a sublease.
- Collect evidence and try negotiation before escalating disputes.
Help and Support / Resources
- Wetten and rules on rental (Dutch Civil Code Book 7)
- Rent Tribunal for tenancy disputes
- Official information from the Dutch government
