Subletting and Airbnb in Westland: What is Allowed and What Not?
Subletting means that as a tenant you rent out your home or part thereof to another. This can involve renting a room to a housemate or offering your home via platforms such as Airbnb. The regulations regarding this are strict, and violations can lead to termination of your tenancy agreement.
Basic Rule: Subletting is Not Allowed
According to the law (article 7:244 CC), subletting is prohibited without explicit permission from the landlord. This concerns:
- Complete subletting of your home
- Partial subletting, such as a room
- Short-term rental via platforms such as Airbnb
- Providing it free of charge to others
Exception: Partial Subletting
For renting out a part of your home, such as a room, there is an exception:
- This is allowed, unless the landlord can prove that he suffers damage as a result
- You must continue to live in the home yourself
- The landlord can object to the court
Important: Many tenancy agreements explicitly prohibit subletting, making even partial rental not allowed.
Airbnb and Holiday Rental in Westland
Renting out your rental home via Airbnb or similar platforms is generally not allowed:
Contractual Restrictions
- Many tenancy agreements contain a prohibition on subletting
- Housing associations in Westland almost never allow Airbnb rental
- Even incidental rental is considered subletting
Regulations in the Municipality of Westland
In the municipality of Westland, specific rules apply for holiday rental. Inquire with the municipality about the exact conditions, such as a maximum number of rental days per year or the need for a permit. For comparison, below is an overview of rules in other municipalities:
| Municipality | Rules (for indication) |
|---|---|
| Amsterdam | Maximum 30 nights per year, notification required |
| Rotterdam | Permit necessary |
| Den Haag | Maximum 60 nights per year |
| Utrecht | Registration required |
Risks of Unauthorised 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 home
- Damages: The landlord can reclaim received rental amounts
- Criminal consequences: In case of serious violations such as housing fraud
- Fines from the municipality: For violation of local rules for holiday rental
Requesting Permission
If you want to sublet, always request written permission from your landlord:
- Describe who will live there and for what period
- Specify which part of the home you want to rent out
- Indicate the rental price you are asking
- Request written confirmation of the permission
Difference Between Lodging and Subletting
There is a clear distinction between lodging and subletting:
| Characteristic | Lodging | Subletting |
|---|---|---|
| Meaning | Someone lives with you without an independent tenancy agreement | Someone rents a part or the entire home from you |
| Contract | No own tenancy agreement | Yes, a subtenancy agreement |
| Rent protection | Limited | Yes, often strong protection after 2 years |
| Permission required | Often yes | Always |
Rights of the Subtenant
If subletting takes place with permission, the subtenant has certain rights:
- After 2 years: often strong rent protection
- Upon termination of main tenancy: possibly right to remain living there
- Right to a fair rent price
Additional Rules for Social Housing in Westland
For social housing, stricter rules apply:
- Subletting is almost always prohibited
- Housing associations in Westland strictly monitor violations
- In case of fraud, your registration may be withdrawn
- Risk of fines and recovery of rent allowance
Frequently Asked Questions about Subletting in Westland
Can my partner move in with me?
Yes, a partner is not regarded as a subtenant. Nevertheless, notify the landlord and possibly request co-tenancy.
Is temporary subletting possible when I am on holiday?
This is only allowed with written permission from the landlord. Without permission, you risk dissolution of your contract.
What if I have been subletting for a long time without problems?
This does not make it legal. The landlord can still take action once it is discovered.
Can I get a fine for Airbnb rental in Westland?
Yes, both the landlord and the municipality of Westland can impose sanctions. Fines can be high, sometimes thousands of euros.
Subletting without permission entails great risks. Always ask for approval and record agreements in writing. For legal advice, you can contact the Juridisch Loket Westland or submit matters to the District Court of The Hague.