Can I sublet as a tenant?

What does the law say?

In principle, as a tenant, you are not allowed to sublet without permission. If you do so without permission, you risk having your tenancy agreement terminated. There are exceptions – but these are more limited than many people think.

Section 7:221 of the Dutch Civil Code stipulates that a tenant may not allow a third party to use the rented property without the landlord’s permission (check this section on wetten.nl for the most up-to-date version). This applies to both subletting the entire property and allowing a third party to use part of it. The landlord’s permission is therefore the starting point – not the exception.

There is one important exception for social housing. See Book 7 of the Dutch Civil Code, section on residential tenancy law, for the provisions regarding the right to partial subletting. In certain cases, the law gives tenants of self-contained social housing the right to sublet part of the property, even if the landlord does not give permission – provided the landlord has no valid reason to refuse. This right expressly does not apply to the entire property and does not automatically apply to all tenants.

There is no legal right to sublet a property in its entirety – where you move out yourself and let someone else pay the rent. You always need the landlord’s consent for this. If the landlord refuses on reasonable grounds, subletting is not permitted and you risk losing your tenancy agreement.

When does this apply to you?

Partial subletting – letting out a room

Do you want to rent out a room in your home whilst you continue to live there yourself? This is known as partial subletting. For social housing, the landlord may refuse permission, but not without a valid reason. Valid reasons include, for example, the property being too small for two households, or the subtenant causing a nuisance.

For private sector properties, check your tenancy agreement. Does it contain a ban on subletting? If so, it is not permitted. Does it say nothing? Then you can ask for permission. Does the landlord refuse permission without a reason? That is their right in the private sector.

Full subletting – you move out, someone else moves in

Do you want to sublet the entire property because you are moving out temporarily or permanently? This is almost always prohibited without the landlord’s explicit permission. Are you doing it anyway?

The landlord can have your tenancy agreement terminated.
The subtenant has no independent rights vis-à-vis the landlord.
You remain responsible for the rent and any damage.

Airbnb and short-term rentals

Renting out your property via Airbnb or a similar platform also falls under subletting. Many tenancy agreements explicitly prohibit this. If you do it anyway, you risk having your tenancy agreement terminated. Some local authorities also impose additional rules on holiday rentals – check your local authority’s rules via rijksoverheid.nl.

Social housing – additional restrictions

For social housing, the rules on subletting are stricter than in the private sector. Housing associations actively monitor for illegal subletting. If you’re caught, termination of the tenancy agreement is a real risk – even if you’re not profiting from it yourself.

Step-by-step guide – what can you do now?

Read your tenancy agreement. Does it contain a ban on subletting? If so, asking for permission is the only option. Does it say nothing? Then you can submit a request, but you still do not have an automatic right.
Request permission in writing from your landlord. Send an email or letter. Explain who you wish to sublet to, for how long and which part of the property. Keep a copy of their reply.
Give the landlord a reasonable amount of time to consider. If they do not respond within a reasonable time, send a reminder. Always wait for written permission before registering someone or signing a subletting agreement.
Draw up a subletting agreement once consent is granted. Have you received consent? Set out the agreements with the subtenant in writing. Consider: rent, duration, notice period and house rules. You remain responsible to the landlord.
Seek legal advice if your application is refused. Do you want to let a room in a social housing property and has the landlord refused without reason? A solicitor can assess whether that refusal is valid and what your options are.

Common mistakes

Mistake 1: Subletting without permission and thinking it won’t be noticed. Landlords and housing associations actively carry out checks. Reports from neighbours, post registration records or unusual occupancy patterns can trigger an inspection. The consequences – termination of the tenancy agreement – are severe.

Mistake 2: Thinking that a verbal agreement is sufficient. Has your landlord said verbally that it ‘will probably be fine’? That is not permission. Always ensure you have written confirmation before letting someone in.

Mistake 3: Charging the subtenant more rent than you pay yourself. As a tenant of social housing, you may not charge a subtenant more than a proportionate share of the total rent. Are you charging more? Then this constitutes rent gouging, which may also have consequences for your tenancy agreement.

Mistake 4: Assuming the subtenant has the same rights as you. A subtenant does not have an independent tenancy agreement with the landlord. If your tenancy agreement ends, so does the subtenant’s right to live there. Make sure the subtenant is aware of this.

Mistake 5: Treating Airbnb as something other than subletting. Short-term rentals via platforms are also legally considered subletting. Many tenancy agreements expressly prohibit this. Check your contract and local council regulations before listing your property on a platform.

Frequently asked questions

Can I rent out a room without my landlord’s permission?

In principle, no. You need the landlord’s permission. For tenants of self-contained social housing, the law in certain cases grants a right to partial subletting if the landlord has no valid reason to refuse. Always check your tenancy agreement and request permission in writing.

What are the consequences if I sublet illegally?

The landlord can ask the court to terminate the tenancy agreement. With housing associations, this is a real risk – they actively enforce the rules. You also remain liable for the rent and any damage, even if the subtenant caused it.

Can I rent out my home via Airbnb as a tenant?

Only if your tenancy agreement allows it or your landlord gives permission. Most tenancy agreements explicitly prohibit short-term letting. Some local authorities also impose additional rules on holiday lettings. Check your contract, ask for permission and check the local authority rules.

Does my subtenant have the right to stay if I leave?

No, not automatically. A subtenant does not have an independent tenancy agreement with the landlord. If your tenancy agreement ends – through notice, termination or otherwise – the subtenant, in principle, no longer has the right to remain there. See Book 7 of the Dutch Civil Code for the exact provisions regarding the subtenant’s position.

Can I charge my subtenant more rent than I pay myself?

No, not if it concerns a social housing property. You may not charge a subtenant more than a proportionate share of the rent you pay yourself. If you charge more, this constitutes rent gouging, with potential legal consequences for you.

Relevant legislation

Consult the following articles via wetten.nl for the exact and current text:

Section 7:221 of the Dutch Civil Code – prohibition on letting to third parties without the landlord’s consent
See also Book 7 of the Dutch Civil Code, section on residential tenancy law, for the provisions on partial subletting and the position of the subtenant