Subletting Ban in Rijswijk: What is Allowed and What is Not?
A subletting ban is a clause in a lease agreement that prohibits the main tenant in Rijswijk from subletting the dwelling (in whole or in part) to a third party. This ensures that the main tenant resides in the dwelling themselves and does not act as a landlord. In Rijswijk, under the jurisdiction of the District Court The Hague, we explain what this ban entails, when it applies and the consequences of violation. For questions, contact the Legal Desk Rijswijk.
What is a Subletting Ban in Rijswijk?
A subletting ban prohibits the main tenant in Rijswijk from subletting the dwelling or parts thereof, such as a room to a student or the entire dwelling via Airbnb. The purpose is that the tenant uses the dwelling as their own living space, not as an income source. In Rijswijk, this is common in social housing.
Sometimes it is not explicitly stated in the agreement, but implied if the dwelling is rented for personal use. A typical clause reads:
'The tenant may not sublet the dwelling in whole or in part to third parties.'
Legal Basis in Rijswijk
The subletting ban derives from general tenancy rules, applicable at the District Court The Hague for Rijswijk:
- Tenancy Act 1995: Provides that the dwelling is for the tenant's own use, subletting excluded without permission.
- Art. 7:206 CC: Tenant must use the dwelling as agreed; subletting not permitted without consent.
- Art. 7:207 CC: No subletting without landlord's permission – core of the ban.
When Does the Subletting Ban Apply in Rijswijk?
Always with explicit mention, but also implicitly in rentals for own use, common in Rijswijk's social sector.
Explicit Ban
Clause such as:
'No subletting of the dwelling to third parties.'Valid without additional permission.
Implicit Ban
Applies to social rentals in Rijswijk or private rentals for own occupancy, such as:
- Social housing for affordable living.
- Private contracts intended for 'own use'.
Consequences of Violation in Rijswijk
Violation may lead to action by the landlord at the District Court The Hague:
- Termination of Lease Agreement: Court may terminate the lease due to breach of contract.
- Tenancy Dispute Procedure: Via District Court The Hague, district Rijswijk.
- Penalty Clause: Often €250+ per day of illegal subletting.
- Damages: For landlord's loss of income.
In Rijswijk, the municipality often reports illegal subletting to landlords. Seek help from Legal Desk Rijswijk for advice or proceedings.
Exceptions and Permission
With written permission from the landlord, subletting may sometimes be allowed, e.g. temporarily due to absence. Always request this; oral agreements do not count. For Airbnb in Rijswijk: also check local rules in addition to the lease contract.
Tips for Tenants in Rijswijk
- Read your contract for subletting clauses.
- Request permission for room rental.
- In dispute: free advice from Legal Desk Rijswijk.
- Lawsuit? District Court The Hague.
Respect the ban to avoid problems in Rijswijk's rental market.