Subletting and Termination in Rotterdam: Risks and Rules

In Rotterdam, with its vibrant student district Kralingen and popular Delfshaven, subletting always requires written consent from both the main tenant and the landlord; without it, it is prohibited and may lead to immediate termination. Upon termination of the main tenancy, the subtenancy ends automatically, unless the landlord – often a housing corporation such as Woonbron or Havensteder – agrees to continuation. Article 7:267 of the Dutch Civil Code (BW) provides no termination protection for the subtenant against the main tenant. Procedure: request consent via the landlord, often involving a security deposit and checks on income criteria. Landlords in Rotterdam refuse in cases of default or nuisance, especially in busy districts such as Rotterdam-South. Practical example: a student in Witte de Withstraat sublets a room; upon departure of the main tenant, the subtenant must leave, unless the landlord consents. In disputes, the Rotterdam cantonal court rules; subtenants sometimes claim damages. Protection: the sublease agreement may not exceed the duration of the main tenancy. Illegal subletting, such as via Airbnb, risks high fines due to stricter Rotterdam rules since 2023, with limits on tourist rentals. The municipality of Rotterdam monitors this via the Vacancy Ordinance to prevent chain terminations and abuse in the tight rental market. Always check the house rules of your Rotterdam landlord and consult Huurteam Rotterdam in case of doubt. (248 words)