Regulating Subletting in Amsterdam: Legal Pitfalls

In Amsterdam, subletting is permitted provided the main tenant obtains explicit permission from the landlord, except in cases of temporary absence for a maximum of two years. Without permission, you risk termination of the rental contract, which in Amsterdam's strictly enforced rental market can quickly lead to forced eviction. The subletting rent may not exceed the main rent unless otherwise agreed in writing with the landlord. Disputes over damage, non-payment, or nuisance are common in popular neighborhoods such as the Jordaan or De Pijp: the main tenant remains fully liable to the landlord. Always enter into a written sublease agreement with clear arrangements regarding duration, rent, house rules, and maintenance responsibilities. If subletting income is offset, you must comply with the Good Landlordship Act, which is enforced particularly strictly by the municipality of Amsterdam. Landlords in the city may prohibit subletting to prevent misuse of vacancy or illegal room rentals, especially in properties subject to the Room Rental Regulation (a maximum of 5 bedrooms with a permit requirement). For room rentals in Amsterdam, additional rules apply under the Housing Ordinance, such as the obligation to report to the municipality. Disputes are best resolved through mediation via the Amsterdam Rent Team or the subdistrict court in Amsterdam. Check the subtenant's creditworthiness via the BKR register and consider a right of pledge on household effects for extra security. This way, you avoid legal nightmares in Amsterdam's competitive rental market and ensure stable rental income.