Subletting in the Netherlands

Since it can offer a convenient solution amid a tight rental market or a good short-term arrangement while they get settled, lots of expats in the Netherlands experience living as subtenants. Equally, plenty of expats also choose to sublease their own rooms and apartments, for instance if they are going abroad. 

Subletting is relatively common in the Netherlands, but given the competitive nature of the Dutch rental market, it is also an arrangement that is open to abuse. Whether you are house-hunting or thinking of finding a subtenant for your space, it’s therefore important to understand the rules and regulations surrounding subletting in the Netherlands. 

What is subletting? 

Subletting is a kind of rental arrangement where a tenant rents out the room or apartment they are renting to someone else. 

There are two main types of subletting: assignment and subletting. 

Assignment

Assignment is when the main tenant finds someone to “take over” their rental contract temporarily, for instance if they are moving out and find someone to live in the apartment until the rental contract ends. 

With assignment, the new tenant assumes all the rights and responsibilities of the original tenant vis-a-vis the landlord. For instance, they are responsible for paying the rent and keeping the apartment in a good condition. 

Subletting

Subletting or subleasing is when the main tenant re-rents some or all of the rental property to someone else while still holding the original rental agreement with the landlord, for instance if they want to temporarily move out of the apartment and return later, or rent it together with housemates. 

With subletting, the original tenant remains responsible for their obligations to the landlord, for instance paying the rent and keeping the apartment in good condition, while they also become the “sublandlord” for the "subtenant”. For instance, the subtenant pays their rent to them, and the subtenant can expect the original tenant to solve issues like a lack of heating or hot water. If the subtenant defaults on their rent, the sublandlord is still responsible for ensuring that the full rent is paid on time to the landlord. 

Is subletting legal in the Netherlands? 

In principle, subletting is legal in the Netherlands. However, it almost always requires the landlord’s written permission. Most rental contracts in the Netherlands will contain a clause that says that sublets are only allowed with the landlord’s express permission.

If the landlord gives their permission for the sublet, that will mean that both the tenant and the subtenant are permitted to register at the property. If you are house hunting and the advert states that registration is not possible, then this is a sign that this listing is probably an illegal sublet and should be avoided. 

If you wish to sublease a room or your whole apartment, you need to submit a request to your landlord first. If your rental contract outright prohibits sublets, then you would be in breach of contract if you took on a subtenant. This is classified as “illegal subletting” and could result in your rental contract being terminated. You could also be fined and sued for damages by the landlord, for instance, if they go to court to get you evicted, they could ask you to repay the legal fees. 

Note that even the intention to sublet is also punishable. If you do not have your landlord’s permission and you seek to sublet (for instance by publishing an advertisement online), you would be classified as being in breach of your contract, which could result in it being terminated.  

Getting a sublease agreement from your landlord

If your rental contract permits sublets with the landlord’s permission, then the landlord is generally required to grant this; according to the Residential Tenancies Act, they cannot withhold consent arbitrarily or unreasonably. However, they are allowed to withhold permission in certain cases, for instance if: 

• You wish to rent out a room to a subtenant at a higher rate.
• You wish to rent out a room or the whole apartment to tourists.

You should submit a request to your landlord in writing and wait for their response. You could outline the circumstances surrounding your request (for instance if you’re going abroad), so that they have the full picture. It’s good to also make sure you have their response in writing. 

How much rent should a subtenant pay? 

The points system for calculating rent (see our social housing page for more information) also applies to subletting agreements. This means that the main tenant can only charge the subtenant a maximum rental price as calculated by the points system. If they charge more, the subtenant is entitled to claim the excess rent back through a rent tribunal. 

Subletting contract in the Netherlands

Since the responsibility to pay rent and maintain the apartment’s condition remains on the main tenant in the case of a sublet, it’s a good idea to draw up a contract between the main tenant and the subtenant before starting a sublease. 

You can find a subletting contract template online, but in general, it should include the following details: 

• Names of the main tenant and subtenant
• Description of the apartment
• Start and end date of the lease
• Notice period for ending the sublet
• The subrent to be paid and any additional charges (e.g. for internet, energy, water, waste disposal and so on) 
• When these costs are to be paid and how 
• Which rooms may be used
• How many keys were given
• How much deposit is due
• What condition the rented apartment is in
• Rules for things like smoking and pets
• Signatures of both parties

Note that your sublet contract cannot run for longer than your original rental contract with the landlord.

Cancelling a sublease contract in the Netherlands 

If you wish to cancel a sublease early, you’ll need to stick to the notice period timelines laid out in the sublease agreement. 

If there are no notice periods specified in the contract, then generally the following applies: 

• It is not normally possible to terminate a fixed-term sublease contract mid-term, unless there are exceptional circumstances (e.g. the subtenant is not paying rent).
• For an open-ended sublease, the regular right of termination applies: this depends on whether the contract is open-ended or temporary, and if it contains a minimum period. See our rental contracts page for more information. 

Taking over a rental contract as a subtenant

There is an important distinction in Dutch law between a subletter inhabiting independent accommodation and someone subletting non-independent accommodation.

Accommodation is considered to be “independent” if it has: 

• A private toilet
• A private kitchen
• A private bathroom with a bath or shower
• A front door that can be locked, with all of the above rooms behind this door

If your accommodation is not considered independent, then you have fewer rights as a subletter. This is important because, if the contract between the landlord and the main tenant is terminated, then you have no right to take over as the main tenant. This might mean you are obliged to leave the accommodation if the main tenant: 

• Cancels the lease
• Dies
• Is evicted

If, on the other hand, the accommodation is considered independent, then you have better protection. The landlord cannot simply cancel your sublease, even if it was originally an illegal sublease. If the main tenant cancels their lease with the landlord, you will become the new main tenant. You can notify the landlord of your intention to take over the lease in writing. If they disagree, they can take legal action to terminate your lease within six months.