Subletting Ban in Rotterdam: What is Allowed and What is Not?
A subletting ban is a common clause in lease agreements in Rotterdam, which prohibits the main tenant from subletting the property in whole or in part to third parties. This is particularly relevant in a city like Rotterdam, where the rental market is tight and housing associations such as Woonbron and Vestia enforce strict rules to ensure affordable housing for their own use. In this article, we dive into the rules, local applications, and what to do in case of violation. For questions, you can contact the Rotterdam District Court (Wilhelminaplein 100-125) or the Rotterdam Legal Aid Office (Westblaak 180).
What does a subletting ban in Rotterdam entail?
In Rotterdam lease contracts, often via housing associations, a subletting ban prohibits subletting rooms, the entire property, or temporary rental via Airbnb. The purpose is to prevent tenants from speculating on the overheated market in neighborhoods such as Delfshaven or Feijenoord. Even without explicit mention, it often applies implicitly, especially for social housing.
Example clause from Rotterdam contracts:
'The tenant may not sublet the property without the landlord's written consent.'
Legal basis with Rotterdam focus
The basis lies in the Dutch Civil Code, but locally the rules are tightened:
- Article 7:207 DCC: No subletting without landlord's consent – crucial for Rotterdam housing associations.
- Tenancy Act 1995: Prescribes use for own purposes; enforced in Rotterdam by the municipality against illegal subletting.
- Local Rotterdam rules: Municipality of Rotterdam monitors via reporting points for illegal subletting, with fines up to €10,000 for violators.
When does the subletting ban apply in Rotterdam?
Always with explicit mention, but also implicitly for social rental or private rental for own occupation. In Rotterdam, it is strictly enforced for housing association properties (up to €752 rent threshold).
Explicit ban
Clause:
'No subletting without consent.'Directly effective.
Implicit ban
For social rental in Rotterdam or private contracts aimed at own use, such as in Kralingen or IJsselmonde.
Consequences of violation in Rotterdam
Violation leads to:
- Termination of lease agreement: Via Rotterdam District Court; recent cases show swift eviction.
- Fines: Municipality of Rotterdam imposes sanctions upon reports.
- Claims for damages: Landlord claims loss of income.
Rotterdam District Court handles many such cases; check judgments on rechtspraak.nl.
Exceptions and consent
With written consent, subletting is sometimes allowed, e.g., for temporary absence. In Rotterdam, housing associations require proof of own use. You can seek advice from the Rotterdam Rent Tribunal.
Tips for Rotterdam tenants
- Check your contract for clauses.
- Request consent in writing.
- In case of dispute: Rotterdam Rent Team or Legal Aid Office (Westblaak 180).