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Tenancy law
Subletting

What rights do I have as a subtenant?

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Is the main tenancy ending or have you received a letter from the owner? Have it determined promptly whether you rent self-contained or non-self-contained accommodation and which time limit applies.

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Detailed explanation, checklist and sources

Your protection depends greatly on what you rent. Subletting a self-contained dwelling may have different consequences than subletting a room.

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Self-contained accommodation

A dwelling with its own entrance, kitchen and toilet may qualify as self-contained accommodation. When the main tenancy ends, the subtenant may, subject to conditions, continue the tenancy vis-à-vis the owner, but the owner may request termination within six months.

Subletting a room

For a room, protection against the owner is more limited. If the main tenant's contract ends, the room subtenant will often have to leave. However, there may be a claim against the main tenant.

Prove your agreements

Keep the written sublease agreement, payment records, registration, photographs and messages. Since 1 July 2023, important rental agreements must be recorded in writing.

Your checklist

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Self-contained dwelling or room

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Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.

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For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.

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  • Self-contained dwelling or room
  • Sublease agreement
  • Permission for or prohibition on subletting
  • Proof of payment
  • End of the main tenancy and date of receipt of notice
  • Possible housing permit

Frequently asked questions

Do I have rights without the owner's permission?

In the case of subletting a self-contained dwelling, protection may exist even without permission. The owner may nevertheless ask the court to terminate the tenancy.

Can I recover damages from the main tenant?

This may sometimes be possible if the main tenant breached agreements or if you unexpectedly have to leave because of prohibited subletting.

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Request help through our chat. We assess which professional fits your question. Review your details before sending. A request is not yet an instruction to provide services.

Sources and further information

Juridisch Loket — subtenant rights ↗

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