Subletting Ban in Zoetermeer: What is Allowed and What is Not?
A subletting ban is a clause in a tenancy agreement that prohibits the main tenant in Zoetermeer from subletting the dwelling (in whole or in part) to a third party. This is intended to ensure that the main tenant resides in the dwelling themselves and does not act as an intermediary. In this article for Zoetermeer tenants, we explain what a subletting ban precisely entails, when it applies, and what the consequences of a violation are. For questions, you can contact the Juridisch Loket Zoetermeer.
What Does a Subletting Ban Entail?
A subletting ban prohibits the main tenant in Zoetermeer from subletting the rental dwelling or rooms thereof to others, such as via Airbnb or to students. It protects the landlord against unwanted commercial letting and ensures that the dwelling serves as private living space.
Sometimes the ban is stated literally in the tenancy agreement, such as:
'The tenant may not sublet the dwelling in whole or in part to third parties.'Otherwise, it may be implicit if the letting was specifically intended for the tenant's own occupation.
Legal Basis in Zoetermeer
The subletting ban derives from general tenancy rules, relevant for Zoetermeer under the jurisdiction of the District Court of The Hague. Key references:
- Tenancy Act 1995: Regulates tenancy rights and requires the dwelling to be used for own use, unless otherwise agreed.
- Art. 7:206 CC: Tenant must use the dwelling as agreed; subletting does not fit without permission.
- Art. 7:207 CC: Explicit prohibition on subletting without the landlord's approval.
When Does the Subletting Ban Apply in Zoetermeer?
Always in case of explicit mention in the agreement. Even without it, it may apply in cases of letting for own use, such as social housing in Zoetermeer or private letting.
Explicit Ban
Clear if the clause states:
'No subletting of the dwelling to third parties permitted.'
Implicit Ban
In social housing in Zoetermeer or private letting for own occupation, where subletting frustrates the intention.
Consequences of Violation in Zoetermeer
A violation may lead to:
- Termination of Tenancy Agreement: Landlord may terminate the tenancy via the District Court of The Hague due to breach of contract.
- Fines: Some contracts provide for monetary penalties.
- Claim for Damages: For loss of income or damage.
- Court Proceedings: Tenant may have to evict the subtenant.
Seek advice from Juridisch Loket Zoetermeer for local support.
Exceptions and Permission
With written permission from the landlord, subletting may sometimes be allowed, for example in case of temporary absence. Always request this and document it.
Tips for Tenants in Zoetermeer
- Read your tenancy agreement carefully for subletting clauses.
- Request permission for temporary subletting.
- In case of disputes: contact Juridisch Loket Zoetermeer or litigate at the District Court of The Hague.