Subletting and Airbnb in Rijswijk - Rules and Restrictions
Subletting means that as a tenant, you rent out (part of) your home to another person. This can involve renting out a room or temporarily offering your home via platforms such as Airbnb. The rules for this are strict, and violation can lead to serious consequences, such as termination of your tenancy agreement.
General Rule: Subletting Not Permitted
According to the law (Article 7:244 of the Dutch Civil Code), subletting is prohibited without explicit permission from the landlord. This applies to:
- Complete subletting of your home
- Partial renting, such as a room
- Temporary renting via platforms such as Airbnb
- Free use by third parties
Exception: Partial Subletting
For renting out a part of your home, such as a room, there is an exception:
- It is permitted, unless the landlord proves 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 contain an explicit prohibition on subletting, making even partial renting not permitted.
Airbnb and Temporary Renting in Rijswijk
Renting out your rental home via Airbnb or similar platforms is generally not permitted:
Contractual Restrictions
- Most tenancy agreements explicitly prohibit subletting
- Housing associations almost never allow Airbnb renting
- Even occasional renting is considered subletting
Rules in Rijswijk and Surrounding Areas
In Rijswijk and surrounding municipalities, specific rules apply to holiday rentals. Contact the Municipality of Rijswijk for the exact conditions. For indication, here are some rules from nearby cities:
| Municipality | Rules (indicative) |
|---|---|
| The Hague | Maximum 60 nights per year |
| Rijswijk | Check local regulations with the municipality |
Risks of Unauthorised Subletting
If you sublet without permission, you may face:
- Termination of tenancy agreement: The landlord can demand dissolution through the court
- Eviction: You must vacate the home
- Damage claims: The landlord can reclaim received rent amounts
- Criminal consequences: In case of serious violations such as housing fraud
- Municipal fines: For violation of local rules for holiday rentals
Requesting Permission
If you want to sublet, always request written permission from your landlord:
- Explain who the subtenant is and for what period
- Specify which part of the home is being rented out
- State the rent amount you are charging
- Request written approval
Difference Between Lodging and Subletting
There is an important distinction between lodging and subletting:
| Characteristic | Lodging | Subletting |
|---|---|---|
| Meaning | Someone lives with you without their own tenancy agreement | Someone rents a part of your home |
| Contract | No independent contract | There is a subtenancy agreement |
| Tenancy protection | Limited | Often strong after 2 years |
| Permission | Often required | Always required |
Rights of Subtenants
With permission for subletting, the subtenant has certain rights:
- After 2 years: often strong tenancy protection
- Upon termination of main tenancy: possibly right to remain living there
- Right to a fair rent price
Social Housing in Rijswijk
For social housing, even stricter rules apply:
- Subletting is almost never permitted
- Housing associations strictly check for violations
- Fraud can lead to exclusion from registration
- Risk of fines and clawback of allowances
Practical Questions
Can my partner move in with me?
Yes, a partner is not considered a subtenant. Report this to the landlord and request co-tenancy if necessary.
May I temporarily rent out my home during a vacation?
Only with written permission from the landlord. Without permission, you risk termination of the agreement.
What if I have been subletting for a long time without problems?
This does not make it legal. The landlord can take action at any time.
Can I get a fine for Airbnb renting in Rijswijk?
Yes, both the landlord and the municipality can impose sanctions. Fines can be substantial.
Subletting without permission carries great risks. Always request approval and record agreements in writing. For legal advice, you can contact the Juridisch Loket Rijswijk or the District Court of The Hague (district).