What Does Subletting Mean?
Subletting means that as a tenant, you rent out your home or part of it to a third party. This is in most cases not permitted without written approval from the landlord. Illegally subletting a home can lead to serious consequences, such as eviction.
Types of Subletting
| Type | Description | Approval Required? |
|---|---|---|
| Complete subletting | Renting out the entire home to another | Always |
| Room rental | Renting out a room in your home | Always |
| Lodger rental | Renting out a room while you yourself live in the home | Often yes |
| Holiday rental/Airbnb | Short-term rental to tourists | Always (usually not permitted) |
When is Subletting Allowed?
Subletting may be allowed under the following conditions:
- Written permission from the landlord
- A specific clause in the tenancy agreement
- Certain statutory exceptions (see below)
Statutory Exceptions in Utrecht
Lodger rental
In the case of lodger rental, where you yourself continue to live in the home, it is sometimes possible to rent out a room without explicit permission, provided it is not explicitly prohibited in the tenancy agreement.
Risks of Illegal Subletting
- Termination of tenancy agreement: Your right to the home lapses
- Forced departure: You must leave the home
- Repayment of profits: Proceeds from subletting must be repaid
- Fines: In some cities, such as Utrecht, fines may be imposed
- Fraud register: Possible registration as a housing fraudster
Rules for Airbnb and Short-Term Rental in Utrecht
For rental via platforms such as Airbnb, additional rules apply:
- Written permission from the landlord is mandatory
- Registration with the municipality of Utrecht is necessary
- Limitation on the number of rental days per year (e.g. max. 60 days in Utrecht)
- Payment of tourist tax
- Often not permitted for social housing
Can my partner move in with me?
Yes, this does not fall under subletting. A life partner may live with you without the landlord's permission.
May I rent out my home during a temporary stay abroad?
No, this is only possible with written permission from the landlord. Without permission, this is considered illegal subletting.
What risks does a subtenant face?
A subtenant has no legal rights against the landlord. If the head tenant's tenancy agreement ends, the subtenant must leave the home and cannot reclaim money from the landlord.
Frequently Asked Questions about Subletting in Utrecht
Do I have rights as a tenant?
Yes, as a tenant you have the right to a safe and well-maintained home, protection against unreasonable rent increases, and the option to take action if the home is not habitable.
Can my landlord just increase the rent?
No, rent increases are subject to statutory rules. The landlord must announce this in writing at least two months in advance and may not charge more than is legally permitted.
What happens to my deposit?
The landlord must keep the deposit in a separate account and repay it within 30 days after the end of the tenancy, unless damage has been identified.
How do I terminate my tenancy?
You can terminate your tenancy by observing the notice period in your contract, usually in writing and with a minimum period of one month.
What if my home is in poor condition?
You can ask the landlord in writing to carry out repairs. If this does not happen within a reasonable time, you can take action yourself and offset the costs against the rent.
Legal Assistance in Utrecht
For legal advice on subletting, you can contact:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht