Compliance & Special Situations: Subletting, Visas, and 30% Ruling Considerations

Introduction

This chapter is your deep-dive playbook for three “tricky but common” situations in Rotterdam’s rental market: (1) subletting, (2) visas and registration (BRP), and **(3) budgeting when you have the Dutch 30% ruling. We’ll translate the newest national rules—like the Wet betaalbare huur (Affordable Rent Act, 2024–2025), Wet vaste huurcontracten (Fixed-Term Contracts Act, 1 July 2024) and Wet goed verhuurderschap (Good Landlordship Act, 2023)—into clear, practical steps for renters in Rotterdam. We’ll also highlight when Rotterdam adds local permits or caps (e.g., vacation rental nights, room-sharing rules).

If you misunderstand these areas, the consequences can be steep: unlawful subletting penalties or eviction, a refused BRP registration (blocking your BSN, benefits, or school registration), or misbudgeting your rent because you misread your 30% ruling eligibility or cap. This chapter aims to keep you compliant, documented, and confident—with checklists, worked examples, tables, and the exact places to escalate disputes (Huurcommissie, gemeente).

Legal Tip: From 1 July 2024, large parts of the Dutch private rental market moved under stricter rules (Wet betaalbare huur). Many homes that used to be “free sector” now fall under the points system (WWS) with maximum legal rents and easier routes to challenge the starting rent. Always check your home’s WWS points and your contract date.

Part I — Subletting in Rotterdam (Onderhuur)

What counts as subletting?

Subletting (“onderhuur”) means you rent out part or all of your rented home to someone else. Dutch law distinguishes between independent dwellings (zelfstandige woonruimte; your own kitchen/bathroom/entrance) and non-independent rooms (onzelfstandige woonruimte). If you sublet the entire independent home without consent, it is generally prohibited by contract and can justify termination. Yet Dutch law also protects subtenants in specific circumstances.

When is consent required?

• Entire home: You almost always need written permission from your landlord. Most contracts ban it outright. Without permission, you risk termination.
• A room in your home: Many landlords still require permission. Check your contract. If allowed, you remain responsible for the main lease, timely rent, and neighbor nuisance.
• Social housing: Housing corporations typically prohibit subletting. Violations can lead to swift termination. (Check your corporation’s conditions.)
• Short-stay / vacation rental: Separate municipal rules apply (see Rotterdam rules below).

The surprising protection for some subtenants (Art. 7:269 BW)

If you illegally sublet an entire independent dwelling and your head lease ends, the subtenant may become the direct tenant by operation of law in some circumstances (civil-code Article 7:269 BW). This is complex and fact-dependent (e.g., independence of the unit). Landlords often litigate these cases; seek legal advice.

Legal Tip: Never assume your subletter “has no rights.” Dutch law gives limited but real protections to subtenants of independent dwellings when the main lease ends.

Rotterdam-specific: vacation rental & room-letting

• Vacation rental (Airbnb-style): Rotterdam requires registration and enforces local caps. The municipality communicates a 60-nights-per-year ceiling for tourist rental and differentiates B&B (host present) vs vacation rental (host absent). Always verify your VvE and landlord permissions.
• Room-letting (“kamerverhuur” / room occupancy): Since 1 July 2024, Rotterdam eased rules in parts of the city: renting out to three room occupants is easier in many districts; four or more rooms still requires a permit, usually student-only and with spacing rules (e.g., 50-meter distance to the next multi-room property).

Subletting permissions — quick matrix

Situation	Permission likely needed?	Extra Rotterdam rule(s)	Notes
Sublet entire independent apartment	Yes (almost always)	—	Often prohibited by contract; high eviction risk without consent.
Sublet a room in your rented home	Usually yes (check lease)	Room-letting rules apply if multiple occupants	You remain liable to the landlord.
B&B (host stays present)	Yes (landlord & VvE may need to consent)	Municipal registration; follow B&B rules	Distinct from vacation rental.
Vacation rental (host absent)	Yes + municipal registration	≈60 nights/year cap	Platforms request registration numbers.
Social housing sublet	Prohibited	—	Corporations enforce strictly. (Check provider policy.)

How to sublet lawfully (if at all)

1. Read your lease: Find clauses on subletting, house rules, and VvE restrictions.
2. Ask for written consent: Describe who will sublet, duration, rent, and house rules.
3. Document occupancy: Keep copies of IDs and rental addenda; comply with BRP registration rules (your subtenant must register if staying ≥ 4 months).
4. For vacation rental: Obtain Rotterdam registration and respect the night cap and any zone bans.
5. Deposit & service costs: Follow national caps/settlement rules (see Part III).

Scam Alert: Never “rent out” your keys to a “company” that promises guaranteed income from short-stay bookings while you keep a residential lease. This commonly violates your contract and Rotterdam’s vacation rental rules—you bear the legal risk.

Part II — Visas, BRP Registration, and Housing Permits

BRP: the backbone of compliance

Everyone who lives in the Netherlands must be registered in the BRP (Municipal Personal Records Database). In Rotterdam, report your move from 4 weeks before up to 5 days after moving; new arrivals staying > 4 months must register in person and obtain a BSN. Lack of BRP registration can block health insurance, allowances, and even school enrollment.

Rotterdam—how to register (BRP):

1. Check your situation: “Eerste inschrijving” (first registration in NL) vs “verhuizing” (moving within NL) vs “opnieuw inschrijven” (re-registration).
2. Book online or visit a Publiekslocatie; the city accepts notifications up to 4 weeks in advance of your move.
3. Bring documents: Passport/ID, proof of address (rental contract; landlord’s declaration if needed), legalised translations for foreign civil status docs.
4. Deadlines & fines: Not reporting on time can lead to administrative action and fines; the city actively monitors accuracy of BRP data.

Pro Tip: If your landlord refuses to “allow registration,” know this: registration is a statutory duty. The municipality registers the person at the address; owners can’t “block” the BRP. If you face obstruction, contact the municipality.

Visas and renting

EU/EEA/Swiss citizens register with the BRP; no residence permit is required. Non-EU residents must hold (or be in process of obtaining) a valid residence permit for stays > 90 days and must register if staying > 4 months. IND and the municipality coordinate status, but landlords often ask for proof of lawful stay and income; discrimination is not allowed under the Wet goed verhuurderschap.

Rotterdam housing permits & local rules

Rotterdam uses the Huisvestingsverordening to manage affordable housing and room-letting. In various districts, permits are still required for 4+ room occupancies, with spacing rules and student-only conditions; elsewhere, 3-person room occupancy is easier since 1 July 2024. Always check whether your address needs a housing permit or faces room-letting limits before you sign.

Part III — What Changed in 2024–2025: Fixed Contracts, Rent Caps, Deposits & Service Costs

1) Fixed contracts are the norm (since 1 July 2024)

The Wet vaste huurcontracten ended the widespread use of temporary leases. New tenants now generally receive indefinite-term contracts. There are limited exceptions (e.g., certain students, urgent cases, and a few special categories via AMvB). Existing temporary contracts signed before 1 July 2024 can still end automatically.

Legal Tip: If your “new” contract is temporary, confirm the legal exception applies to you and check the category and proof requirements (for example, student status documents must be attached).

2) Affordable Rent Act: points system extended & contract add-ons

From 1 July 2024, the Wet betaalbare huur expands the WWS points system to a much larger share of the market (including mid-rent). For new contracts, you can ask the Huurcommissie—within 6 months of start—to test the starting rent against the WWS. From 1 January 2025, landlords must attach the points calculation to every new rental contract.

Practical effect: If the agreed rent exceeds the legally calculated maximum for your points, the Huurcommissie can lower it. The exact threshold for “regulated” depends on your WWS points (think size, amenities, energy label, outdoor space, etc.). Use the Huurcommissie’s Huurprijscheck to compute your points.

3) Deposit (waarborgsom) now capped at 2 months

Nationwide, the maximum security deposit is two months’ basic rent for contracts since 1 July 2023 (with transitional nuances for older leases via court case law). This comes from the Wet goed verhuurderschap, enforced by municipalities.

4) Service costs: annual statement within 6 months

Landlords must provide an annual service-cost settlement within 6 months after the calendar year (i.e., by 30 June). The Huurcommissie’s 2025 policy book confirms deadlines, process, and that a specified overview is required. If you disagree, you can dispute the settlement (now also widening to more segments).

Legal Tip: If no year-end settlement arrives by 30 June, request it in writing. Keep proof; it matters for Huurcommissie timelines.

Part IV — Step-by-Step: Check & Challenge Your Rent with the Huurcommissie

When you can act:

• Starting rent of a social or mid-rent home: request a test within 6 months of your contract start. (Separate rules apply to older contracts and to the free sector.)

Your 7-step route:

1. Calculate WWS points with the official Huurprijscheck; save the PDF/screenshot.
2. Write to your landlord: cite your points and the maximum legal rent, propose the corrected rent, and give a reasonable response term (e.g., 2–3 weeks).
3. Gather evidence: energy label, floor area measurement, photos of amenities, any defects.
4. File with Huurcommissie within 6 months of start if no agreement; pay the filing fee.
5. Cooperate with inspection (if scheduled).
6. Decision: if lowered, the rent changes from the date of your request; arrears can be settled. (Either party can still litigate at the kantonrechter.)
7. Follow-up: adjust service-cost advances if applicable.

Pro Tip: If your contract started before 1 July 2024, the older “social” boundary may apply in some cases; for post-1 July 2024 contracts, the mid-rent boundary/points apply. The Huurcommissie site explains the transition.

Part V — The 30% Ruling: What It Really Means for Your Budget

The 2025 rule set (and how it changed)

• Percentage: For 2025 and 2026 the maximum tax-free allowance remains 30% of your gross taxable salary (excluding non-cash components). A planned phased-down schedule (30→20→10) was canceled; instead, the government will reduce the percentage to 27% from 2027.
• Cap: The WNT cap limits the salary base on which the 30% is calculated to the WNT top income (for 2025: €246,000 per year). Above that, the extra salary does not benefit from the 30% ruling.
• Partial foreign taxpayer status: From 1 January 2025, the partial non-resident tax regime is abolished for new cases; transitional rules may apply if you already had it. This can slightly reduce net benefits versus earlier years.

Pro Tip: The 30% ruling is not automatic; your employer must apply with the tax authority (Belastingdienst). Always get confirmation (beschikking) before you lock in a rent that assumes higher net income.

How the 30% ruling affects renting choices

• Higher net income ⇒ potential to access better-quality or energy-efficient homes (more WWS points often means a higher regulated maximum).
• WNT cap risk ⇒ if your salary is very high, your actual tax-free benefit might be less than you expect. Budget conservatively.
• BRP & allowances ⇒ BRP registration remains compulsory independent of your tax status; some allowances (zorgtoeslag, etc.) consider residency & income, not the 30% directly.

Worked budgeting example (illustrative)

Suppose your gross annual salary is €84,000 (≈€7,000/month). With the 30% ruling in 2025, €2,100/month is tax-free; €4,900/month is taxed normally. Ignoring pension and social security nuances, the ruling can increase net pay by several hundred euros monthly, which substantially changes a Rotterdam rent affordability test (many landlords require 3–4× monthly rent in gross income). Always check the exact income multiple demanded by the agent/landlord and run a net-of-tax budget with your HR or a tax advisor.

Scam Alert: Be wary of agents offering to “optimize” your 30% ruling for a fee or bundling it with paid “salary structuring.” Only your employer can apply, and details are on the Belastingdienst site.

Part VI — Prices & Practicalities in Rotterdam (2025)

Current rent levels (to benchmark your budget)

• National private-sector averages (Q1–Q2 2025): around €1,780/month or €19.6–€20.1 per m², with supply sharply down and demand up.
• Rotterdam per-m² snapshots: Q2 2025 averages reported around €25–€29 per m² depending on segment and data source. Mid-rent listings in Rotterdam hover around €27–€28 per m²; free-sector averages roughly €25–€26 per m². Treat these as asking prices for new tenants.

Pro Tip: In regulated (points-based) homes, the legal maximum is tied to your WWS points, not market averages. Always run the Huurprijscheck and save the output for your file.

Ballpark monthly rents in Rotterdam (illustrative)

Size	Mid-rent pm² (≈€27.5)	Free sector pm² (≈€25.5)
35 m² studio	€960	€890
50 m² 1-bed	€1,375	€1,275
70 m² 2-bed	€1,925	€1,785

(These are estimates using contemporary pm² snapshots; your WWS maximum may be lower.)

Part VII — Service Costs, Repairs, and Who Pays What

Service costs: what’s allowed and when due

• Annual settlement deadline: Landlord must send a year-end settlement within six months after the calendar year (by 30 June).
• Transparency: The 2025 policy updates and new legislation require specified overviews and clarify what can be charged as service costs (e.g., cleaning of common areas, caretaker). A limitative list has been adopted to reduce disputes.
• Disputes: You can challenge amounts and reasonableness with the Huurcommissie; timelines apply.

Repairs & maintenance: tenant vs landlord

Dutch law’s Besluit kleine herstellingen defines “small repairs” you pay (think: descaling taps, replacing lightbulbs) vs. major works (landlord’s job). The Ministry confirms the division; the Huurcommissie publishes the list and how it’s applied. Key principle: if a repair is costly or not easily done by a tenant, it generally falls to the landlord—even if the symptom seems minor.

Responsibilities checklist (common items)

Item	Tenant (small repairs)	Landlord (major/structural)
Light bulbs, fuses	✅	—
Descaling taps/showerhead	✅	—
Minor paint touch-ups/holes	✅	—
Heating system replacement	—	✅
Exterior paintwork	—	✅
Roof leaks, foundation issues	—	✅

Based on the Besluit kleine herstellingen and Huurcommissie guidance.

Pro Tip: Before signing, do a joint check-in with photos. Record the state of maintenance (opnamestaat). It prevents deposit disputes later.

Part VIII — Putting It Together: Special Situations & How to Stay Compliant

A. Subletting while on a visa

If you are non-EU and consider subletting (e.g., going abroad for 3 months), tread carefully:

1. Contract first: If it bans subletting, don’t proceed.
2. Written permission: If allowed, obtain landlord consent and keep the paper trail.
3. BRP: If your subtenant stays ≥ 4 months, they must register; your own BRP status should reflect your actual residence (temporary absence vs deregistration if you leave for > 8 months).
4. Vacation rental? Don’t convert the home to short-stay without municipal registration and night caps (and again: only if your lease and VvE permit it).

Scam Alert: “Company lets” that cycle tourists through your home will almost certainly violate Rotterdam rules and your lease, leaving you liable.

B. Sharing a home (woningdelen) vs. subletting

Rotterdam increasingly allows three-person room occupancy (with conditions), but four or more often requires permits and student-only tenancy. If you and two friends want to rent a 3-bed flat together, do a joint lease (medehuurderschap) if possible—this avoids illegal subletting structures.

C. The 30% ruling and “affordable” regulated rent

You can (and should) claim the WWS maximum even if your salary is high due to the 30% ruling. The points system is about the home, not your income. If the landlord asks much more than the WWS maximum for a mid-rent home signed after 1 July 2024, use the Huurprijscheck and, if needed, the Huurcommissie route.

Part IX — Worked Examples

Example 1: Lawful room sublet inside your lease

You rent a 70 m² 2-bed in Kralingen (free-sector asking €1,800). Your friend will occupy the second bedroom for 10 months.

• Check lease: It requires permission for any subletting.
• Ask landlord: Provide your friend’s ID, income, and assurance of house rules.
• BRP: Your friend will stay > 4 months → must register at your address; if the landlord forbids “registration,” remind them it’s a legal duty.
• Outcome: If the landlord consents in writing, you can sign a room sublease where you remain liable on the main lease.

Example 2: Vacation rental during a long work trip

You plan to rent your entire flat for 30 nights while you’re abroad.

• Lease & VvE: Most leases ban this; VvE by-laws may also prohibit short-stay.
• Rotterdam rules: Register the address and respect the annual night cap (≈60); display a registration number on listing platforms.
• Tax & BRP: Short-stay income may be taxable; BRP remains your home base if you keep living there.

Example 3: 30% ruling budgeting

Gross €84k with 30% ruling versus without: Your net difference can easily cover €200–€400+ rent headroom (case-dependent). Still pass typical 3× gross income tests for, say, €1,600–€1,900 rent. Ask the agent what multiple they use (3× vs 4×) and if they consider tax-free allowances in affordability tests.

Part X — Tables You’ll Reuse

A. Legal limits & deadlines (quick view)

Requirement	Limit / Deadline	Source
Security deposit	Max 2 months’ basic rent (contracts from 1 Jul 2023); older contracts: court practice may differ
Service-cost settlement	By 30 June after each calendar year; specified overview; clearer legal list of allowed items (2025)
Starting rent challenge	Within 6 months of start (social/mid-rent); Huurcommissie uses WWS
Attach WWS points to new contracts	Required from 1 Jan 2025
Fixed-term leases	Banned since 1 Jul 2024 except limited categories (e.g., some students)
BRP move notification	4 weeks before to 5 days after moving

B. Who pays what? (repairs snapshot)

Category	Examples	Who pays
Small repairs	Bulbs, fuses, descaling, minor paint touch-ups	Tenant
Major works	Boiler replacement, exterior painting, structural defects	Landlord

Legal basis: Besluit kleine herstellingen; see Huurcommissie guidance.

C. Housing type vs subletting risk

Housing Type	Typical Subletting Rules	Risk Level
Social housing	Usually no subletting	High (termination)
Regulated private (mid-rent)	Usually permission required	Medium–High
Free-sector	Contract-specific; often prohibited	Medium–High
B&B (host present)	Landlord+VvE + registration	Medium
Vacation rental	Often prohibited by lease; if allowed: registration & night cap	High

Part XI — Common Mistakes (and How to Avoid Them)

1. Assuming a 2-year temporary lease is still standard. It isn’t. Since 1 July 2024, indefinite-term is the default; exceptions are narrow. Challenge improper temporary contracts.
2. Not checking WWS points. Many homes now fall under regulated rent; failing to calculate points can cost hundreds per month. Use the Huurprijscheck early.
3. Overpaying deposits. The cap is 2 months. Don’t accept 3–6 months unless a lawful exception applies to an older contract.
4. Ignoring service-cost deadlines. If the settlement doesn’t arrive by 30 June, request it in writing and keep proof; you may have a strong Huurcommissie case.
5. Counting on phased 30% ruling rates. The 30→20→10 step-down was canceled; plan with the current 30% (2025–2026) and the WNT cap.
6. Unlawful vacation rentals. Even a few nights without registration (and a permissive lease) can trigger municipal enforcement.
7. Landlord says “no registration allowed.” BRP is mandatory. If you live there, you must be registered there. Period.

Part XII — Processes You’ll Use

1) Dispute starting rent with the Huurcommissie (social/mid-rent)

1. Run Huurprijscheck; print/save the result.
2. Write the landlord with the computed maximum legal rent and a proposed correction date.
3. If no agreement, file within 6 months (forms online; fee applies).
4. Attend inspection/hearing if scheduled; await decision.
5. If either party disagrees, court remains possible.

2) Get BRP-compliant in Rotterdam

1. If new to NL for > 4 months: Eerste inschrijving at Rotterdam; bring ID, proof of address, and civil-status documents (legalised/translated if needed).
2. Moving within NL: report your move online or at the desk no later than 5 days after moving (or up to 4 weeks prior).
3. Keep your uittreksel (BRP extract) handy for landlords, banks, or schools.

3) Sublet lawfully (if allowed)

1. Check your lease; request written consent.
2. For vacation rental: register with Rotterdam and obey night limits; display registration number in listings.
3. Ensure BRP compliance for anyone staying ≥ 4 months.

Part XIII — Cultural & Regional Insights (Rotterdam Focus)

• “Unfurnished” (kaal) often means no flooring, curtains, or light fixtures. Budget for initial setup.
• Income multiples: Many private landlords expect 3×–4× monthly rent in gross income; some consider the 30% ruling in affordability checks (ask explicitly).
• Room-sharing is common among students/young professionals; Rotterdam has relaxed some three-person limits but keeps permits for four-plus room occupancies and enforces spacing (nuisance control).
• Vacation rental sentiment is cautious; the city balances tourism with liveability—registration and night caps are taken seriously.

Part XIV — Frequently Asked “Edge Cases”

Q: My landlord charged 3 months’ deposit in 2025. Is that legal? A: No, the national cap is 2 months (contracts since 1 July 2023). Write and request correction; escalate to the municipality if needed.

Q: Our group of four wants one apartment. Should we sign one lease or four room contracts? A: For 4+ occupants, you may trigger room-letting permits. Ask the agent which structure is lawful at that address; many areas remain student-only for 4+ rooms.

Q: I’m on a student-exception temporary contract in 2025. Can I still go to the Huurcommissie? A: Yes, temporary contracts in a regulated home can still be tested for starting rent (timelines apply).

Q: Does the 30% ruling automatically mean I can afford more? A: Often yes, but check the WNT cap and the end of partial non-resident status from 2025; run a net salary estimate with HR and don’t rely on outdated 30→20→10 schedules.

Key Takeaways

• Subletting is permission-driven; entire-home subletting is usually prohibited. For rooms, you remain liable; vacation rental needs Rotterdam registration and respects night caps.
• BRP is mandatory: register your address within 4 weeks before to 5 days after moving; don’t accept “no registration allowed.”
• Fixed-term leases mostly ended on 1 July 2024; check if your “temporary” lease truly fits an exception (e.g., certain students).
• Affordable Rent Act widened WWS coverage and Huurcommissie access; attach the points to new contracts from 1 Jan 2025 and challenge within 6 months if overpriced.
• Deposit is max 2 months, nationwide; service costs must be settled by 30 June with clear breakdowns.
• The 30% ruling stays at 30% through 2026, then 27% from 2027, and is capped by the WNT salary ceiling; budget with the current rules, not the canceled step-down.
• Rotterdam adds local layers: room-letting permits for 4+ occupants, relaxed rules for three-person sharing in some districts, and strict vacation rental registration/night caps.