Subletting and Airbnb in Leiden: What is Allowed and What Not?
Subletting means that as a tenant, you rent out your home or part of it to another person. This can involve renting a room to a housemate or offering your home via platforms such as Airbnb. The rules regarding this are strict, and violation can lead to termination of your tenancy agreement.
General Rule: Subletting Not Allowed
According to the law, subletting is prohibited without explicit permission from the landlord (Article 7:244 CC). This applies to:
- Complete subletting of your home
- Partial subletting, such as a room
- Short-term rental via platforms such as Airbnb
- Free use by third parties
Exception: Partial Subletting
For subletting a part of your home (for example, a room), an exception applies:
- You may sublet a part, 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 subletting not allowed.
Airbnb and Short-Term Rental in Leiden
Renting out your rental home via Airbnb or similar platforms is generally not allowed:
Contractual Restrictions
- Most tenancy agreements explicitly prohibit subletting
- Housing associations almost never allow Airbnb rental
- Even occasional rental is considered subletting
Rules of the Municipality of Leiden
In Leiden, specific rules apply for vacation rental. The municipality has drawn up guidelines to prevent nuisance. Contact the municipality of Leiden for the current rules, such as the maximum number of nights per year and any reporting obligation.
Risks of Unauthorized Subletting
If you sublet without permission, you may face:
- Termination of tenancy agreement: The landlord can demand dissolution via the court
- Eviction: You must vacate the home
- Damage claims: The landlord can reclaim received rental amounts
- Criminal consequences: In case of serious violations such as housing fraud
- Fines from the municipality: For violation of vacation rental rules
Requesting Permission
If you want to sublet, always request written permission from your landlord:
- Indicate who will use the home and for what period
- Specify which part of the home you want to sublet
- Specify the rental price you are asking
- Request written approval
Difference Between Lodging and Subletting
There is a clear distinction between lodging and subletting:
| Category | Lodging | Subletting |
|---|---|---|
| Meaning | Someone lives with you without own tenancy rights | Someone rents a part or the entire home |
| Contract | No independent contract | There is a subtenancy agreement |
| Tenancy protection | Limited | Yes, after 2 years often full protection |
| Permission | Often required | Always required |
Rights of Subtenants
With permission for subletting, the subtenant has certain rights:
- After 2 years: extensive tenancy protection
- Upon termination of main tenancy: possibly right to remain living
- Right to a fair rental price
Social Housing in Leiden
For social housing, stricter rules apply:
- Subletting is almost always prohibited
- Housing associations regularly check for violations
- Fraud can lead to removal from the waiting list
- 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 consider applying for co-tenancy.
May I temporarily rent out my home during a trip?
This is only allowed with written permission from the landlord. Without permission, you risk termination of the contract.
What if I have been subletting for a long time without problems?
This does not make it legal. The landlord can still take action if it is discovered.
Can I get a fine for Airbnb in Leiden?
Yes, both the landlord and the municipality of Leiden can impose sanctions. Fines can be substantial, sometimes tens of thousands of euros.
Unauthorized subletting carries great risks. Always ensure written agreements and permission from your landlord.
Local Information in Leiden
For legal advice, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location handles cases regarding tenancy disputes.