Subletting and Airbnb in Zoetermeer: What is Allowed and What Not?
Subletting means that as a tenant you rent out your home or part thereof to another. This can involve renting out 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 serious consequences, such as termination of your tenancy agreement.
Basic Rule: Subletting is Not Permitted
According to the law (Article 7:244 CC), subletting is prohibited without explicit permission from the lessor. 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 renting out a part of your home, such as a room, an exception applies:
- You may sublet a part, unless the lessor proves that he suffers damage as a result
- You must continue to live in the home yourself
- The lessor can raise an objection with the court
Important: Many tenancy agreements explicitly prohibit all forms of subletting, even partial.
Airbnb and Holiday Rental in Zoetermeer
Renting out your rental home via Airbnb or similar platforms is usually not permitted:
Contractual Restrictions
- Most tenancy agreements explicitly prohibit subletting
- Housing associations in Zoetermeer almost never allow Airbnb rental
- Even occasional rental is considered subletting
Rules of the Municipality of Zoetermeer
In Zoetermeer, specific rules apply for holiday rental. The municipality may impose restrictions, such as a maximum number of rental days per year or a reporting obligation. For the most up-to-date rules, you can contact the Municipality of Zoetermeer or consult their website.
Risks of Unauthorised Subletting
If you sublet without permission, you run the following risks:
- Termination of tenancy agreement: The lessor can demand dissolution via the court
- Eviction: You must vacate the home
- Damages: The lessor can reclaim received rental amounts
- Criminal law consequences: In case of serious violations such as housing fraud
- Fines from the municipality: For violation of local Airbnb rules
Requesting Permission
If you wish to sublet, always request written permission from your lessor:
- Explain who the subtenant is and for what period
- Indicate which part of the home is being rented out
- State the rental price you are asking
- Request written confirmation of the permission
Lodger versus Subletting
There is a clear distinction between a lodger and subletting:
| Criterion | Lodger | Subletting |
|---|---|---|
| Meaning | Someone lives with you without their own tenancy agreement | Someone rents a part of your home |
| Contract | No independent contract | Yes, a subtenancy agreement |
| Rent protection | Limited | Yes, often strong after 2 years |
| Permission | Often required | Always required |
Rights of Subtenants
If subletting takes place with permission, the subtenant has certain rights:
- After 2 years: often strong rent protection
- Upon termination of main tenancy: possibly right to remain living there
- Right to a reasonable rent
Social Housing in Zoetermeer
For social housing, extra strict rules apply:
- Subletting is almost always prohibited
- Housing associations strictly check for illegal rental
- Fraud can lead to removal from your registration
- Risk of fines and clawback of rent allowance
Practical Questions
May my partner move in with me in Zoetermeer?
Yes, a partner is not regarded as a subtenant. Nevertheless, report this to the lessor and possibly request co-tenancy.
Can I temporarily rent out my home during a holiday?
This is only allowed with written permission from the lessor. Without permission, you risk termination of the tenancy agreement.
What if I have been subletting for years without problems?
This does not make it legal. The lessor can still take legal action once it is discovered.
Can I get a fine for Airbnb rental in Zoetermeer?
Yes, both the lessor and the municipality can take action. Fines can be high, sometimes up to thousands of euros.
In summary: subletting without permission is risky. Always request written approval and record agreements. For legal advice, you can contact the Juridisch Loket Zoetermeer. In case of disputes, the matter can be brought before the District Court of The Hague.