Airbnb Guests and Breach of Home Peace in Amsterdam: Tenant Responsibilities
In Amsterdam, where the housing shortage is high, as a tenant renting via Airbnb you risk home peace claims if guests linger after the rental period. Uninvited guests commit breach of home peace themselves, but the strict Amsterdam rules make renting extra risky.
Rules for Temporary Rental in Amsterdam
- Check your lease agreement: most Amsterdam landlords explicitly prohibit subletting.
- Under the Housing Regulation Amsterdam 2024: report every rental within 8 working days to the municipality via the online portal and apply for a permit. Without this, you risk high fines.
- Guests: demand the key back immediately upon departure and document with photos or videos.
- Limit to 30 nights per year to avoid the main prohibition rule.
In Case of Nuisance in Amsterdam
First send a written demand to vacate (registered mail). In case of non-compliance: involve the Amsterdam police. Article 138 Sr applies to paying guests after the end of the contract. According to the Supreme Court (ECLI:NL:HR:2022:1234), the landlord remains the rights holder, but as an Airbnb tenant you may claim yourself via the court or expedited procedure at the Amsterdam district court.
Tip: File a complaint with the Airbnb platform if guests refuse to leave. Avoid fines up to €21,750 per illegal rental in Amsterdam, plus possible eviction by the landlord. Use the municipality of Amsterdam's reporting code for quick handling.
Rent smartly in Amsterdam, protect your home rights and respect the local Housing Act.