Subletting and Termination in Amsterdam: Risks and Rules

In Amsterdam, where the rental market is extremely tight, subletting always requires written permission from both the main tenant and the landlord; without it, it is illegal and can lead to immediate termination. Upon termination of the main tenancy, the subtenancy ends automatically, unless the landlord – often a housing association such as Ymere or de Key – agrees to continuation. According to Article 7:267 of the Dutch Civil Code (BW), the subtenant enjoys no termination protection against the main tenant. Procedure: request permission via a standard contract from the Huurcommissie, including a deposit and proof of solvency. Landlords in Amsterdam refuse more often in cases of default or overcrowding, especially in popular neighbourhoods De Pijp and Jordaan. Practical example: a student in Oost sublets a room via Facebook; upon the main tenant's departure, the subtenant must leave immediately, otherwise risking a penalty payment. In case of dispute, the Amsterdam cantonal court decides; subtenants often claim damages due to lack of notification. Protection: the sublease agreement may never run longer than the main tenancy. Illegal subletting, common with Airbnb, leads to fines up to €21,750 per case since the stricter Enforcement Short Stay Ordinance 2023 of the municipality. In Amsterdam social housing, additional rules apply against room rental chains. These provisions prevent abuse in the city with 900,000 inhabitants and long waiting lists. Always check the house rules of your Amsterdam landlord and consult Parool Huurwijzer or Juridisch Loket. (248 words)