Subletting rules for tenants in the Netherlands

As a tenant in the Netherlands you may find subletting offers solutions but also carries risks. This article clearly explains when subletting is allowed, what permission a landlord may require, what your obligations are towards the subtenant and landlord, and which steps you can take in case of disputes or misuse. We cover practical examples, documentation you should keep and which agencies you can contact if disagreements arise. The text is meant for tenants without legal expertise and points to relevant sources and procedures in the Netherlands so you can make well-informed choices yourself.^[1] At the end you will find a step-by-step plan and frequently asked questions to quickly find answers.

When is subletting allowed?

Subletting is not automatically permitted; the rental contract is often central. In some situations landlord permission is required and in others temporary or incidental subletting may be acceptable. Always check the rental contract and statutory rules first to avoid surprises.^[1]

• Written permission from the landlord (application).
• No contractual clauses that explicitly prohibit subletting (approved).
• Limits regarding duration or temporary subletting (deadline).

Rights and obligations of tenant and subtenant

Both tenant and subtenant have responsibilities. The tenant usually remains primarily liable for rent payments and damage to the property. The subtenant must comply with the contract and house rules and has obligations towards the main tenant.

• Rent payments remain the tenant's primary responsibility (rent).
• Subtenant and tenant share responsibilities for minor repairs (repair).
• Access to the home and privacy must be respected by landlord and tenant (entry).

Disputes and procedure

In disputes about subletting you can first try to resolve matters through discussion. If that fails there are formal routes: for rent or service charge issues you can involve the Huurcommissie, and for other matters the subdistrict court (kantonrechter) can issue rulings.^[2]

Always document payments, emails and agreements; that strengthens your case in a procedure.

Frequently Asked Questions

May I sublet without permission?

You may not sublet without permission if the rental contract prohibits it; ask for written permission or consult the law.

Can the landlord evict me for subletting without permission?

In some cases the landlord can seek termination at the subdistrict court; this depends on the contract and seriousness of the breach.^[2]

Where can I bring a dispute about subletting?

For rent and service charge issues the Huurcommissie is relevant; for other disputes you can go to the subdistrict court or seek legal help.^[3]

Step-by-step plan

1. Check your rental contract and look for clauses about subletting (form).
2. Request written permission from your landlord and keep the proof (application).
3. Record agreements with the subtenant in a written contract (document).
4. Consult the Huurcommissie or a legal advisor in case of disagreement (contact).
5. Follow rulings and act promptly if procedures are expected (move-out).

Key takeaways

• Always request written permission when subletting (form).
• Keep documentation and payment records carefully.
• Seek timely help from the Huurcommissie or legal advice.

Help and Support / Resources

• Huurcommissie - information and forms
• Wetten.overheid.nl - Civil Code Book 7
• Government.nl - housing and renting

1. [1] Wetten.overheid.nl
2. [2] Huurcommissie
3. [3] Government.nl