Going on holiday or travelling the world? Moving for your job or studies, either temporarily or permanently? Do you have a space you would like to let? Or will you just be living somewhere else for the time being? If you are unable to terminate your lease or don’t want to, subletting your property may be just what you’re looking for as a way to save costs. This sounds easier than it is, though, because there are some rules to take into consideration. If subletting your home sounds like an ideal solution, continue reading!
There are two legal types of subletting: lodging and safekeeping.
This involves the main tenant of a property subletting part (a room) of a rented property. This is subject to a number of conditions:
- The property in question must be the landlord’s main place of residence;
- the subtenant does not need a housing permit, but the main tenant does;
- the price for the shared property is the total sum of the bare rent and service costs. The rent is determined on the basis of a points system determined by the municipality.
- the landlord is entitled to use the usable area of the property;
Please note: there are two types of lodging, depending on whether the landlord also lives in the property in question. Separate rules apply in each of these cases.
A property may only be sublet in its entirety for a short period of time in the event that the occupant is demonstrably staying somewhere else temporarily and will return at a later stage. This type of subletting is only permitted for periods between three months to one year, after which a one-year extension is possible in some cases. Naturally, this is only permitted with the consent of the owner (private landlord or housing association) and, in some cases, of the municipality. This must be requested before the main tenant leaves the property.
You may only sublet a property for safekeeping if you are temporary leaving for:
- Your job or studies
- A journey
- Nursing or care elsewhere
- Detention (Imprisonment)
- (trial) cohabitation
You may not sublet a property for safekeeping if:
- The absence of the main tenant is not necessary or demonstrable;
- the nominated caretaker is under the age of 18;
- the caretaker has their own property, which will become vacant as a result of the sublease.
So, if you are looking to sublet your home, make sure that you meet these ‘subletting criteria’ and that you take out a suitable (sub)lease. Once you have everything under control, the process can begin!
(No rights can be derived from the previous written article by Rooming. For more information, Rooming recommends visiting the website of the Dutch Central Government or to seek professional assistance.