Subletting and Airbnb in Utrecht: What is Allowed and What Not?
Subletting means that as a tenant you rent out part or the entire property to another person. This can involve renting a room to a cohabitant or offering your property via platforms such as Airbnb. The regulations regarding this are strict, and violations can lead to serious consequences, such as termination of your tenancy agreement.
General Rule: Subletting Not Allowed
According to the law (article 7:244 CC), subletting is prohibited without explicit permission from the landlord. This applies to:
- Complete subletting of your property
- Partial subletting, such as a room
- Short-term rental via platforms such as Airbnb
- Providing it free of charge to third parties
Exception: Partial Subletting
For subletting a part of your property, such as a room, there is an exception:
- It is allowed, unless the landlord can prove that he suffers damage as a result
- You must continue to live in the property yourself
- The landlord can object via the court
Important: Many tenancy agreements contain an explicit prohibition on subletting, making even partial subletting not allowed.
Airbnb and Holiday Rental in Utrecht
Renting out your rental property via Airbnb or similar platforms is in most cases not allowed:
Contractual Restrictions
- Many tenancy agreements explicitly prohibit subletting
- Housing associations almost never allow Airbnb rental
- Even occasional rental is considered subletting
Rules of the Municipality of Utrecht
In Utrecht and other cities, specific rules apply for holiday rental:
| Municipality | Regulations (indicative) |
|---|---|
| Amsterdam | Maximum 30 nights per year, notification required |
| Rotterdam | Permit required |
| The Hague | Maximum 60 nights per year |
| Utrecht | Registration required, additional conditions |
Consequences of Unlawful Subletting
If you sublet without permission, you may face:
- Termination of tenancy agreement: The landlord can ask the court for dissolution
- Eviction: You must vacate the property
- Damages: The landlord can reclaim received rental amounts
- Criminal consequences: In case of serious violations (housing fraud)
- Municipal fines: For violation of holiday rental rules
Requesting Permission
If you want to sublet, always request written permission from your landlord:
- Explain who the subtenant is and for what period
- Specify which part of the property you want to rent out
- State the rent price you are asking
- Request written confirmation of permission
Difference Between Lodging and Subletting
There is a clear distinction between lodging and subletting:
| Characteristic | Lodging | Subletting |
|---|---|---|
| Meaning | Someone lives with you without their own tenancy agreement | Someone rents part or the entire property |
| Contract | No independent contract | Yes, a subtenancy agreement |
| Rent protection | Limited | Yes, often strong after 2 years |
| Permission | Often required | Always required |
Rights of Subtenants
If subletting takes place with permission, the subtenant has rights:
- After 2 years: often strong rent protection
- Upon termination of main tenancy: possibly right to remain living there
- Right to a reasonable rent price
Social Housing in Utrecht
For social housing, stricter rules apply:
- Subletting is almost always prohibited
- Housing associations regularly check for violations
- Fraud can lead to removal from the waiting list
- Risk of fines and clawback of rent allowance
Frequently Asked Questions about Subletting in Utrecht
Can my partner move in with me?
Yes, a partner is not considered a subtenant. Still inform your landlord and consider applying for joint tenancy.
Is temporary subletting possible during a trip?
Only with written permission from the landlord. Without permission, you risk termination of the contract.
What if I have been subletting for a long time without problems?
This does not make it legal. The landlord can still take legal action once it is discovered.
Can I get a fine for Airbnb rental in Utrecht?
Yes, both the landlord and the Municipality of Utrecht can impose fines, which can amount to thousands of euros.
Subletting without permission carries great risks. Always ensure written agreements with your landlord.
Legal Assistance in Utrecht
For legal advice, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht