Subletting: Recover Overpaid Rent in the Netherlands
If you are a tenant in the Netherlands you may sometimes have paid too much sublet rent to a subtenant or housemate. This article explains step by step how to recover those overpaid amounts, which evidence is useful and when to involve the landlord or the Rent Tribunal. You will find practical tips on communication, keeping payment receipts, drafting clear demands and disputing unreasonable amounts. Timelines, possible costs and when to file a complaint with the Rent Tribunal or start proceedings at the subdistrict court are also covered. The advice is aimed at tenants without a legal background and helps you make choices without unnecessary risks.
What is excessive sublet rent?
Excessive sublet rent means that a tenant or subtenant charges or receives more than is reasonable for the room or living space. This can occur in room rentals, shared housing or when agreements were verbal and later increased. It concerns whether the paid amount is proportionate to the agreed or customary rent for comparable rooms.
When can you recover it?
You can seek recovery once you can demonstrate that too much was paid or that agreed amounts were calculated incorrectly. Check your payment records, conversations and any written agreements. Legal principles for tenancy law are found in Book 7 of the Civil Code, which can be relevant in disputes about rent and subletting.[2]
Key evidence
- Keep payment receipts (payment receipts) for sublet rent.
- Take photos or screenshots (photos) of agreements, chats and adverts.
- Record dates and amounts in an overview or logbook (record).
- Where possible: request a written breakdown of the amounts charged.
Practical steps before filing a complaint
Start with a polite and clear contact with the subtenant or landlord and document your request in writing. Give a reasonable deadline for repayment and attach copies of evidence. If direct communication fails, consider mediation or professional advice and ultimately filing a complaint.
Frequently Asked Questions
- How long does a procedure at the Rent Tribunal take?
- The procedure varies, but simpler cases are handled more quickly; allow several months between filing and decision.[1]
- Do I need a lawyer for a sublet claim?
- Not always. For smaller amounts the subdistrict court is intended and often accessible without a lawyer; complex cases may benefit from legal help.
- Can I get a rent reduction if sublet rent was unlawful?
- In some cases restitution or recovery can be combined with other claims; this depends on your situation and evidence.
How-To: Step-by-step
- Collect evidence: payment receipts, messages and adverts.
- Send a written demand for repayment with a reasonable deadline and attach evidence.
- Try mediation or seek advice from tenant organizations or the Rent Tribunal.[1]
- If necessary, file a complaint with the Rent Tribunal or start proceedings at the subdistrict court.
Help and Support
- Contact Rent Tribunal - information and complaints
- Statutes and legislation on Wetten.nl (tenancy law)
- Government information and procedures
