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. Illegal subletting can lead to eviction from the home.
Types of Subletting
| Type | Description | Approval Required? |
|---|---|---|
| Complete subletting | Renting out the entire home to another | Always |
| Room rental | Renting out a room to a third party | Always |
| Lodger rental | Rental to a live-in tenant while you yourself live there | Often yes |
| Vacation rental/Airbnb | Short-term rental to tourists | Always (often not permitted) |
When is Subletting Permitted?
Subletting can be permitted under the following circumstances:
- Written approval from the landlord
- A specific clause in the lease agreement
- Certain statutory exceptions (see below)
Statutory Exceptions in Leiden
Lodger rental
In the case of lodger rental, where you yourself continue to live in the home, it is sometimes possible to rent out a room without permission, provided it is not explicitly prohibited in your lease agreement.
Risks of Illegal Subletting
- Termination of lease agreement: You lose your right to the home
- Eviction: You must leave the home
- Repayment of profits: Proceeds from subletting must be repaid
- Fines: In some cities such as Leiden, a fine may be imposed
- Fraud registration: Registration in a housing fraud register
Rules for Airbnb and Vacation Rental in Leiden
For short-term rental via platforms such as Airbnb, additional rules apply:
- Written permission from the landlord is mandatory
- Registration with the municipality of Leiden is necessary
- Limitation on the number of rental days per year
- Tourist tax must be paid
- Often not permitted for social housing
Can my partner move in with me without permission?
Yes, this does not fall under subletting. Your partner may live with you without the landlord's permission.
May I rent out my home during a temporary stay abroad?
This is only possible with written permission from the landlord. Without permission, this is considered illegal subletting.
What risks does a subtenant face?
A subtenant has no rights vis-à-vis the landlord and must vacate the home if the main lease ends. Reclaiming paid rent from the landlord is not possible.
Frequently Asked Questions about Subletting in Leiden
What are my rights as a tenant in Leiden?
As a tenant, you have the right to a safe home, protection against unreasonable rent increases, and the ability to take action if the home is not habitable.
Can my landlord just increase the rent?
No, rent increases are subject to strict rules. The landlord must inform you 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 termination of the contract, unless damage has been found.
How do I terminate my lease in Leiden?
You can terminate your lease by observing the notice period in your contract. This usually needs to be done in writing.
What to do if the home is in poor condition?
Ask the landlord in writing to carry out repairs. If this does not happen within a reasonable period, you can have repairs done yourself and offset the costs against the rent.