Subletting: permission & limits for tenants Netherlands
As a tenant in the Netherlands, subletting and shared housing can be useful, but they also come with rules and risks. This article explains in plain language when you need the landlord’s permission, what legal limits apply and what you can do if permission is refused. You will get practical steps for communication, evidence collection and possible procedures at the Rent Tribunal or cantonal court. The guidance is aimed at tenants who want to sublet or share a home and seeks to clarify rights, obligations and deadlines in the Netherlands. Examples are practical and free of legal jargon, so you quickly know which documents matter and how to prepare an objection or appeal.
What is subletting?
Subletting means that a tenant lets another person use the rented property (or part of it) in exchange for payment or to share costs. The main tenant remains responsible to the landlord and usually must first ask for permission. The legal rules on rent and subletting are in the Civil Code Book 7, which forms the basis for rental contracts and tenants’ rights in the Netherlands.[1]
Permission and legal limits
Usually written permission from the landlord is required. A landlord may not refuse arbitrarily but can impose reasonable conditions. Unreasonable demands or asking for excessive fees may be challengeable. Also consider local regulations or specific clauses in your lease.
- Submit a written request to the landlord with clear details about duration and the person involved.
- Request an answer within 14 days and record all dates and messages as evidence.
- Do not pay additional fees to the landlord unless contractually allowed.
- Keep evidence: rent payments, emails, photos of the situation and mutual agreements.
What to do if refused
If the landlord refuses, first try to discuss and remove objections. Put a written request and the reply on record. If discussion fails, seek advice from a tenants’ organization or legal help. Gather all correspondence and evidentiary documents before taking formal steps.
Objection and appeal
In disputes over permission the cantonal court can ultimately decide. For disputes about rent or service charges you can contact the Rent Tribunal or find information on procedures and forms.[2] If you go to court, thorough documentation is essential: contract, requests, responses and evidence of the factual situation. Sometimes mediation is a faster and cheaper option.
Frequently asked questions
- Can I sublet without permission?
- In most cases you need written permission from the landlord; unauthorized subletting may result in breach of contract and in some cases termination of the lease.
- What does the Rent Tribunal do?
- The Rent Tribunal mainly handles disputes about rent and service charges; matters about permission to sublet often end up before the cantonal court.
- How long does a procedure take?
- Duration varies: informal negotiations can take weeks; procedures at the Rent Tribunal or court usually take several months depending on complexity and schedules.
Step-by-step
- Collect evidence such as rent payments, emails and photos of the situation.
- Submit a written request to the landlord with name, duration and reason for subletting.
- Record deadlines and ask for a response within a reasonable period.
- Seek advice from a tenants’ organization or legal clinic if no agreement is reached.
- Consider going to the cantonal court in serious disputes and complete your dossier.
Key takeaways
- Always request written permission from the landlord.
- Keep all communication and evidence carefully.
- Seek timely advice from a tenants’ organization or legal aid.
Help and support / Resources
- Contact Rent Tribunal (Huurcommissie)
- Wetten.overheid.nl - Civil Code Book 7
- Government.nl: information for tenants
