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 explicit written permission from the landlord. Illegal subletting can have serious consequences, such as eviction from the property.
Types of Subletting
| Type | Description | Permission Required? |
|---|---|---|
| Complete subletting | Renting out the entire property 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 property | Often yes |
| Holiday rental (e.g. Airbnb) | Short-term rental to tourists | Always (often not permitted) |
When is Subletting Permitted?
Subletting may be permitted in some situations, for example:
- With written approval from the landlord
- If this is explicitly included in the tenancy agreement
- In statutory exceptions (see below)
Statutory Exceptions
Lodger Rental
In the case of lodger rental, where you yourself continue to live in the property, you may sometimes rent out a room without permission, provided this is not explicitly prohibited in your tenancy agreement.
Consequences of Unauthorised Subletting
- Termination of tenancy agreement: Your right to the property may lapse
- Forced departure: You must leave the property
- Repayment of profits: Income from subletting must be repaid
- Fines: In certain municipalities such as The Hague
- Fraud registration: Possible inclusion in a register for housing fraud
Rules for Airbnb and Short-Term Rental
For rental via platforms such as Airbnb, additional rules apply:
- Written permission from the landlord is mandatory
- Registration with the municipality is often required
- Limitation on the number of rental days per year (e.g. 30 in some cities)
- Tourist tax must be paid
- Often not permitted for social housing
Can my partner live with me without permission?
Yes, this is not considered subletting. A life partner may move in with you without the landlord's permission.
May I rent out my property during a temporary stay abroad?
This is only possible with written permission from the landlord. Without this permission, this is regarded as illegal subletting.
What are the risks for a subtenant?
A subtenant has no legal rights against the landlord and must leave the property if the main tenancy agreement ends. Recovering money from the main tenant is not possible.
Frequently Asked Questions about Subletting in Westland
What are my rights as a tenant in Westland?
As a tenant you have the right to a safe home, protection against unreasonable rent increases and the possibility to demand maintenance if the property is not habitable.
Can my landlord increase the rent just like that?
No, rent increases are subject to statutory rules. The landlord must inform you in writing at least two months in advance and may not increase the rent above the statutory limit.
What happens to my deposit?
The deposit must be kept by the landlord in an account and repaid within 30 days after the end of the tenancy, unless damage has been found.
How do I terminate my tenancy in Westland?
You can terminate your tenancy by observing the notice period in your contract, usually in writing via the landlord or housing association.
What do I do if my property has defects?
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 costs against the rent.