Legal Terms

Subletting

Onderhuur

When a tenant rents out the property (or part of it) to another person, a practice that is heavily restricted in the Netherlands.

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The Risks of 'Onderhuur'

Subletting, or onderhuur, is the practice of a primary tenant (hoofdhuurder) renting out the space they rent to a third party, the subtenant (onderhuurder). While it might seem like a convenient way to cover rent while you're away, subletting is a legal minefield in the Netherlands and is treated with extreme suspicion by landlords. The vast majority of standard rental contracts contain a clause that explicitly forbids subletting without the landlord's prior written consent.

Illegally subletting your apartment is one of the most serious breaches of a rental contract you can commit. If you are caught, the landlord has clear grounds to start an eviction procedure against you, the primary tenant. They can also sue you for any profits you made from the illegal sublet. Platforms like Airbnb have made it easier to sublet, but they have also made it easier for landlords and municipalities to track and crack down on illegal rentals, often with the help of specialized data-scraping companies. The fines for illegal hotel activities can be enormous, often running into tens of thousands of euros.

Is Subletting Ever Legal?

Legal subletting is possible, but only under specific conditions. The most crucial condition is obtaining explicit, written permission from your landlord. A verbal 'okay' is not sufficient and will not protect you in a dispute. A landlord may grant permission for a specific period if you have a good reason, such as working or studying abroad for a few months.

There is one specific situation where a subtenant has more rights. If you are subletting a room within a property where the main tenant also lives (i.e., you are a lodger), and the property is the main tenant's primary residence, you may have some protections. However, the legal relationship is still with the main tenant, not the property owner. If the main tenant's lease is terminated, your right to stay also ends.

Given the immense risks of eviction and fines, you should be extremely cautious. Never sublet your property without being fully transparent with your landlord and securing their formal, written approval.