Short answer: if you rent a home or room from someone who is renting the home themselves, you are a subtenant. In principle, you have ordinary rent protection towards your sublandlord. If the main tenancy ends, your position depends on what you rent. If you rent a self-contained home that is your main residence, the owner (the head landlord) continues your tenancy by operation of law under article 7:269(1) of the Dutch Civil Code. He can only ask the court to end it within six months, on four statutory grounds. If you rent a room, you do not get that protection towards the owner.
You must also distinguish between your agreements with the sublandlord and his right to sublet at all. If the head landlord has not given permission, that does not mean your agreements with the sublandlord are automatically worthless. It can, however, have serious consequences for the main tenant and for your chances of staying in the home. Have both tenancy relationships examined.
Who is who in a sublet?
The head landlord, often the owner or a housing association, lets the home to the main tenant. If that main tenant then lets living space to you, he is your sublandlord. You are the subtenant. Whether a message calls you a ‘housemate’ or a ‘guest’ is not always decisive. What counts are the actual agreements about the living space and the payments.
A stay as a guest without a tenancy is different from structurally making a room available in return for payment. Use that by its nature is short-term, such as a holiday stay, falls outside rent protection for residential property under article 7:232(2) of the Dutch Civil Code. Letting through an agent acting on behalf of the owner is not automatically subletting either. So check who is named as landlord in the contract, whom you pay and on whose behalf that party acts.
Is the main tenant allowed to sublet?
Article 7:244 of the Dutch Civil Code sets the starting point. A tenant of residential property may not give the property, in whole or in part, to someone else to use. There is one statutory exception: a tenant who rents a self-contained home and has his main residence there may give part of it to someone else to use. Subletting the entire home is therefore only allowed with the landlord’s permission. Letting a room in the home where the main tenant lives himself is permitted by law, unless the tenancy agreement validly restricts this.
Municipal rules and permits may also play a role, for example for letting rooms or a housing permit. The landlord’s permission does not automatically solve every issue with the municipality. Conversely, registration with the municipality does not prove that the head landlord has given permission.
Before you pay, ask for clear information about the sublandlord’s position. ‘The owner is fine with it’ is hard to check. Specific written permission that fits this home and this form of letting gives more certainty. If in doubt, have this looked into before you transfer large sums.
A room or a self-contained home: why the difference matters
Under article 7:234 of the Dutch Civil Code, a self-contained home has its own entrance and can be lived in without depending on essential facilities outside the home, such as a kitchen or toilet. With a room, you share such facilities with others. The word ‘studio’ or ‘apartment’ in an advertisement does not decide this.
This difference is decisive for your protection when the main tenancy ends. The continuation rule of article 7:269 of the Dutch Civil Code only applies to the sublet of a self-contained home that is your main residence. With a room, your tenancy does not pass to the head landlord.
Do you rent a room in a home where the landlord himself has his main residence? Then limited protection against termination applies during the first nine months (article 7:232(3) of the Dutch Civil Code, the so-called lodger rule). Not sure whether your living space is self-contained? Have the actual layout assessed. Photos, a floor plan and information about shared facilities help with this.
What happens if the main tenancy agreement ends?
If you rent a self-contained home that is your main residence, the head landlord continues your subtenancy when the main tenancy ends (article 7:269(1) of the Dutch Civil Code). You do not need to go to court first. Anyone who continues a tenancy in this way must, however, notify the landlord (article 7:270a of the Dutch Civil Code). So send the owner a registered letter, or a letter sent in a way you can prove, as soon as possible.
The protection is strong, but not an unconditional guarantee. Within six months of continuing the tenancy, the head landlord can ask the court to end it (article 7:269(2) of the Dutch Civil Code). He can only do so on one of these grounds:
- you do not offer sufficient financial security that you will pay the rent properly;
- the sublet was entered into with the evident aim of giving you the position of tenant;
- continuation cannot reasonably and fairly be required of the head landlord, taking into account, among other things, comparable tenancy agreements and the content of the old and the continued tenancy;
- a housing permit is required for the home and you do not produce one.
If the six-month period passes without a claim, your position as the owner’s tenant is stronger. Exactly how that period is calculated has been worked out in case law; if there is an ongoing dispute, have this assessed.
With a room, your protection towards the head landlord is more limited. You may have claims against your own sublandlord, but that does not mean the owner has to accept you as a tenant. If the main tenant promises that you can ‘always stay’, that does not automatically bind the head landlord.
Your main residence must match reality
What matters is the place where you really live and have your life, not just an address in a register. Registration, payments, post and actual use can all be relevant together. No single document always gives the full answer.
So gather existing, genuine documents. Do not create documents afterwards as if they existed earlier, and do not ask anyone for an incorrect statement. Incorrect information can seriously damage your position.
Are you the main tenant yourself and accused of absence or prohibited subletting? Then a different legal question arises than the rights of the subtenant. For that, read accused of housing fraud or not having your main residence there.
What rights do you have towards the sublandlord?
Your sublandlord is your landlord. He must make the living space available as agreed, remedy defects and repay any deposit in accordance with the rules. The fact that he himself rents from an owner does not remove those obligations. The protection against termination under tenancy law also applies between you and the sublandlord. So he cannot simply put you out on the street, and changing the locks without a court decision is not allowed (see the landlord changes the locks).
Report problems in writing to your own landlord and ask how the repair will be arranged. For a structural defect, the head landlord’s cooperation may be needed. Keep the communication between everyone involved.
Are you paying too much rent? Rent price protection can also apply to a sublet, depending on the living space and the type of contract. Subletting is no exemption from those rules. See the explanation of rent that is too high and the points system.
What if you have no written contract?
A tenancy agreement does not have to be on paper to exist. Payments, messages, the advertisement and actual agreements about the use can prove the tenancy relationship. Without clear written agreements, however, disputes about price, duration and obligations are often harder.
Keep the advertisement and the complete message thread. Note when you received the key, which space you were allowed to use and what you paid for each month. A bank transfer with a description helps, but it is always considered together with the other facts.
Do not simply sign a document drawn up afterwards that calls your living space ‘lodging’ or states that you agree to leave. First have it assessed whether the text matches the actual agreements.
Deposit and service charges in a sublet
Record a deposit payment clearly: amount, recipient, date and purpose. For tenancy agreements from 1 July 2023, the deposit may not exceed two months’ basic rent, and the landlord must repay it within 14 days of the end of the tenancy, or within 30 days if he deducts costs (article 7:261b of the Dutch Civil Code). These rules also apply to your sublandlord. A conflict between the main tenant and the owner does not give him the right to keep your deposit.
Do you pay a single amount for ‘rent and everything’? Then ask which facilities you use and how your share is calculated. Read getting your deposit back at the end of the tenancy and checking service charges for the general approach.
What should you do if you receive a letter from the owner or a deurwaarder (bailiff)?
First read what it says. Is the main tenancy ending, are you being asked to leave, or is there already a judgment? When asking for help, state since when you have lived in the home, and send the complete documents. An eviction date calls for immediate action.
Without advice, do not make any statement in which you waive rights or agree to leave. Ask on what legal ground you are being asked to leave. At the same time, do not ignore a dagvaarding (writ of summons) or an enforceable judgment: a sublet contract does not resolve the situation by itself. Our guide preventing eviction explains the difference between a letter, a writ of summons and a judgment.
A fictional example: the same main tenancy, a different position
Tenant A sublets his entire self-contained home to someone who really lives there. Tenant B lets one room in the home where he also lives himself. Both main tenancy agreements end. Under article 7:269 of the Dutch Civil Code, A’s subtenant becomes the owner’s tenant, although the owner can go to court within six months. B’s subtenant does not get that position and has to rely on his claims against B. This example illustrates the distinction; it is not a court ruling or a case handled by our firm.
Frequently asked questions about subletting
Does a subtenant have rent protection?
Yes, in principle towards the sublandlord. Towards the owner only if you rent a self-contained home that is your main residence (article 7:269 of the Dutch Civil Code). With a room, your tenancy does not pass to the owner when the main tenancy ends.
Is a sublet without permission invalid?
No. The breach of the main tenancy agreement and your rights towards the sublandlord are separate questions. The breach can, however, have serious consequences for the main tenant, up to and including termination of the main tenancy. The court may also take into account whether the sublet was intended to give you the position of tenant.
Do I automatically get a contract with the owner?
For a self-contained home that is your main residence, the owner continues the tenancy by operation of law; no new contract is needed for this. Do notify the owner of the continuation. He can claim termination within six months. For a room, this rule does not exist.
Does registration with the municipality count as permission?
No. Registration in the municipal records is not permission from the landlord and does not prove that all tenancy and permit rules have been complied with.
Can the main tenant send me away immediately because the owner is angry?
No. A conflict with the owner does not cancel your own tenancy. A forced departure requires a valid notice of termination or a court decision; changing the locks or putting your belongings outside is not allowed.
Can I claim compensation if I have to leave because of false promises?
That is possible in some circumstances, but it is not awarded automatically. The court looks at the obligation breached, liability, the link with the damage and its extent. Keep the original promises and proof of your costs.
Have both tenancy relationships assessed
Contact Arslan Advocaten. Send your agreement or messages, proof of payment, the head landlord’s details and any letters you have received. State whether you rent a room or a self-contained home and whether there is a departure or eviction date. It is precisely the difference between your own contract and the main tenancy that determines which protection and which next step apply.
Legal framework and sources
Relevant provisions include articles 7:232, 7:234, 7:244, 7:261b, 7:269 and 7:270a of the Dutch Civil Code (Dutch Civil Code Book 7, section on the tenancy of residential property). See also the Dutch government (Rijksoverheid) on subletting a home or room and on rent protection. On the six-month period of article 7:269(2) of the Dutch Civil Code: Arnhem-Leeuwarden Court of Appeal, ECLI:NL:GHARL:2013:5155. Sources consulted on 27 September 2026.
