Partial Subletting in Rijswijk
In Rijswijk, a vibrant municipality near The Hague, partial subletting is a popular option for tenants looking to share living costs. Here, the head tenant rents out part of the property, such as a room, to another person while continuing to live in the rest of the home. This differs from full subletting, as the head tenant does not vacate the premises entirely. It's common among students and expats in Rijswijk, but it requires careful compliance with rental laws to avoid disputes with the Municipality of Rijswijk or the landlord.
What is Partial Subletting in Rijswijk?
Under Dutch rental law, which applies in Rijswijk, partial subletting involves the head tenant renting out a specific part of the rented property to a subtenant without giving up the entire space. For example, renting out a bedroom in a terraced house or apartment in areas like Innen or Oud-Rijswijk. The head tenant remains the primary occupant and uses the other areas, but bears ultimate responsibility to the landlord.
This practice thrives in Rijswijk due to the competitive housing market and proximity to universities and international companies. It helps split rental expenses, but can lead to tensions over shared facilities like the garden or kitchen. Unlike full subletting, where the head tenant is temporarily absent, partial subletting keeps the tenant on-site and actively involved.
Legal Basis of Partial Subletting in Rijswijk
The legal framework for partial subletting is outlined in Book 7 of the Dutch Civil Code (BW), particularly in the sections on rental and leasing. Key is Article 7:266 BW, which requires explicit written permission from the landlord for any subletting. Without this, the subletting may be invalid, and the landlord could hold the head tenant liable for breach of contract, potentially leading to termination of the main lease.
For residential properties in Rijswijk, additional rules from the Housing Act and Vacancy Act provide extra protections for tenants. Permission must be specific; a vague clause in the lease is often insufficient. If the landlord refuses, the tenant can seek approval through the Rijswijk Court, for instance, in cases of temporary subletting without causing disruption (Article 7:271 BW). Also, Article 7:220 BW requires the tenant to manage the property carefully. The Enforcement Guidelines of the Municipality of Rijswijk set limits on the number of subtenants to prevent disturbances in residential areas.
Practical Examples of Partial Subletting in Rijswijk
Take Marie, who rents a 75 m² apartment in Rijswijk and sublets a 12 m² room to her colleague from The Hague. After obtaining written approval from the landlord, they sign a sublease agreement outlining rules for shared spaces like the living room and bathroom. This illustrates a successful case of partial subletting in the local context.
A negative example: Pieter rents a house in Rijswijk and sublets two rooms to expats without permission. Neighbors report disturbances to the Municipality of Rijswijk, which notifies the landlord. The result: termination of the lease under Article 7:266 BW, leading to eviction of the subtenants and possible claims for damages.
For short-term rentals, such as through platforms like Airbnb, this is often considered partial subletting and falls under stricter rules of the Temporary Rental Act. For more details, see our article on Subletting and Airbnb in Rijswijk - What is Allowed?.
Rights and Obligations in Partial Subletting in Rijswijk
The rights and obligations in partial subletting are distributed among the parties involved: the landlord, head tenant, and subtenant, with local support available through organizations like the Rijswijk Legal Aid Office.
- Landlord: Can refuse permission if there's a risk of property damage or nuisance, but must evaluate the request reasonably.
- Head Tenant: May sublet with permission, but must vet the subtenant and create a clear agreement. Remains liable for rent and any damage (Article 7:267 BW).
- Subtenant: Has rights to the agreed-upon space but must act as a responsible tenant. In case of issues, they can approach the head tenant, not the landlord directly.
In conflicts in Rijswijk, you can turn to the Rent Tribunal, Rijswijk Legal Aid Office, or the Rijswijk Court for advice or mediation. Subtenants have limited protection; if the main lease ends, the sublease automatically terminates (Article 7:269 BW).
Comparison: Partial vs. Full Subletting in Rijswijk
| Aspect | Partial Subletting | Full Subletting |
|---|---|---|
| Occupation by head tenant | Yes, partially | No, temporarily absent |
| Permission required | Yes, in writing (Article 7:266 BW) | Yes, in writing |
| Subtenant protection | Limited, no primary contract | Limited, but potentially longer |
| Risks | Conflicts in shared spaces | Damage during vacancy |
Frequently Asked Questions about Partial Subletting in Rijswijk
Can I do partial subletting without the landlord's permission?
No, in Rijswijk and elsewhere in the Netherlands, written permission is essential under Article 7:266 BW. Without it, you risk termination of your lease. Consult the Rijswijk Legal Aid Office for free advice.
What if the Municipality of Rijswijk intervenes due to nuisance?
The Municipality of Rijswijk can impose fines for violations of enforcement rules. Make sure to establish clear agreements to avoid issues.