Subletting vs in-house tenancy: tenants in Netherlands
Tenants can sometimes confuse in-house tenancy and subletting. In-house tenancy means someone lives with the main tenant without a separate rental agreement; subletting means a tenant rents part or all of their dwelling to another person. Both situations create different rights and obligations for tenants and landlords in the Netherlands, influenced by the Civil Code and local rules. This article clearly explains when permission is required, which pieces of evidence matter, how notice periods work and what steps you can take in a dispute, such as involving the Rent Tribunal or the subdistrict court. This helps you understand your position as a tenant and which actions are possible.
What is the difference?
In in-house tenancy, a person lives with the main tenant without their own lease; that person usually has no independent tenant rights. In subletting, a tenant (the main tenant) rents part or all of the home to another person with or without a written agreement. The precise rights depend on your lease and the Civil Code Book 7[1], and sometimes on prior agreements between parties.
In many cases the lease determines whether subletting or in-house tenancy is allowed.
Rights and obligations
- Permission: many leases require landlord permission for subletting or long-term in-house tenancy.
- Rent payment: the main tenant usually remains responsible for paying rent to the landlord.
- Maintenance and repairs: who is responsible is often stated in the contract and applies to in-house tenancy as well.
- Privacy and access: the landlord and main tenant must respect rules about entering the property.
- Eviction and disputes: serious problems can lead to eviction via the court or other procedures.
Always keep copies of leases and written permissions for your own protection.
What to do in a dispute
If a conflict arises over in-house tenancy or subletting, first follow these steps to strengthen your position. Gather evidence, communicate in writing and check whether the Rent Tribunal or the subdistrict court can help.
- Collect evidence: keep photos, messages, payment receipts and a copy of the lease.
- Communicate in writing: send requests and responses by email or registered letter and keep copies.
- Rent Tribunal or court: for rent and service charge issues you can involve the Rent Tribunal; for eviction and contractual disputes the subdistrict court applies[2].
Clear documentation increases your chances in a formal procedure.
Frequently Asked Questions
- Can I let someone stay temporarily without permission?
- Short stays are often possible without formal permission, but long-term in-house tenancy may require landlord consent according to your lease.
- Can I sublet without landlord permission?
- Often permission is required; without it the main tenant risks breaching the contract and possible termination.
- When should I involve the Rent Tribunal?
- For disputes about rent level, service charges or unclear agreements the Rent Tribunal can issue a binding decision[2].
How-to steps
- Read your lease carefully and look for clauses on subletting or in-house tenancy.
- Gather evidence: payment records, messages and photos of the living situation.
- Submit a formal request or written application to your landlord if permission is required.
- Seek assistance: contact the Rent Tribunal or a legal advice point for unclear situations or disputes.
- Consider formal action: for eviction or contract breach the subdistrict court may be the route to take.
Help and Support / Resources
- Rent Tribunal - information and applications
- Wetten.overheid.nl - Civil Code Book 7
- Government.nl - information for tenants
