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Subletting and Termination in Utrecht: Risks and Rules

Rules for subletting upon termination in Utrecht: permission required, risks for students, local fines, and protection as subtenant.

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In Utrecht, with its vibrant student city and tight rental market, subletting always requires written permission from both the main tenant and the landlord; without it, it is prohibited and can lead to immediate termination. Upon termination of the main tenancy, the subtenancy ends automatically, unless the landlord agrees to continuation, as provided in Article 7:267 of the Dutch Civil Code (BW). As a subtenant, you have no termination protection against the main tenant. Procedure: request permission by letter or email, often with a security deposit. Landlords in Utrecht more frequently refuse in cases of default or nuisance, especially in popular neighbourhoods such as Kanaleneiland or Wittevrouwen. Practical example: a student in Utrecht sublets a room via Funda or Facebook; upon departure of the main tenant, the subtenant must leave, unless the landlord (such as a housing corporation like Portaal) consents. The Municipality of Utrecht strictly enforces illegal subletting, with fines up to €10,000 since the tightened Housing Ordinance 2023. Airbnb rules are even stricter: max 30 nights per year, with reporting obligation. In disputes, the sub-district court in Utrecht rules; subtenants sometimes claim damages. Protection: the subtenancy agreement may not run longer than the main tenancy. Prevent chain terminations by checking the house rules of Utrecht housing corporations, such as those of SSH Studentenhousing. In case of illegal subletting: fine, eviction, and no Huurcommissie review. (287 words)