What Does Subletting Mean?
Subletting means that as a tenant you rent out your home, or part of it, to a third party. This is in most cases not permitted without written approval from the landlord. Subletting without permission can lead to serious consequences such as eviction.
Types of Subletting
| Type | Description | Permission Required? |
|---|---|---|
| Complete subletting | Renting out the entire home to another | Always |
| Room rental | Renting out a room in your home | Always |
| Lodger rental | Renting out a room while you yourself live in the home | Often yes |
| Holiday rental (e.g. Airbnb) | Short-term rental to tourists | Always (usually not permitted) |
When is Subletting Permitted?
Subletting may be permitted under certain conditions:
- Written approval from the landlord
- A specific clause in the tenancy agreement
- Certain statutory exceptions (see below)
Statutory Exceptions
Lodger rental
If you yourself continue to live in the home and rent out a room (lodger rental), permission is sometimes not required, provided it is not explicitly prohibited in your tenancy agreement.
Consequences of Unauthorised Subletting
- Termination of tenancy agreement: You lose your right to the home
- Eviction: You are forced to leave the home
- Repayment: Profits from subletting must be repaid
- Fines: Possible in some cities such as The Hague or Rijswijk
- Fraud registration: Registration in a housing fraud register
Airbnb and Short-term Rental in Rijswijk
For rental via platforms such as Airbnb, additional rules apply:
- Written permission from the landlord is mandatory
- Registration with the municipality of Rijswijk is necessary
- Limitation on the number of rental days per year
- Payment of tourist tax
- Often not permitted for social housing
Can my partner move in with me without permission?
Yes, that is not considered subletting. Your partner may live with you without the landlord's permission.
May I rent out my home during a temporary stay abroad?
That is only possible with written permission from the landlord. Without this permission, it is considered illegal subletting.
What risks does the subtenant face?
A subtenant has no legal rights against the landlord and must leave the home if the main tenancy agreement ends. Recovery of paid rent from the landlord is not possible.
Frequently Asked Questions about Subletting in Rijswijk
What are my rights as a tenant in Rijswijk?
As a tenant you are entitled to a safe, well-maintained home, protection against unreasonable rent increases and the possibility to take action if the home is not habitable.
Can the landlord just increase the rent?
No, rent increases are subject to statutory rules. The landlord must announce this in writing at least two months in advance and may not increase the rent above the statutory limit.
What happens to my deposit?
The deposit must be kept by the landlord in an account and repaid within 30 days after the end of the tenancy, unless damage has been found.
How do I terminate my tenancy?
You can terminate your tenancy in accordance with the notice period in your contract, usually in writing by registered letter or e-mail.
What do I do if my home is in poor condition?
Notify the landlord in writing of the defects. If no action is taken, you may have repairs carried out yourself and offset the costs against the rent, provided it is reasonable.