Subletting Ban in Amsterdam: What is Allowed and What is Not?
A subletting ban is a clause in a lease agreement that prohibits the main tenant from subletting the property (in whole or in part) to a third party. In Amsterdam, with its tight housing market, this is strictly enforced to prevent speculation and illegal rentals via Airbnb. This article discusses the rules specific to Amsterdam, including local case law from the Rechtbank Amsterdam (Parnassusweg 220) and advice from the Juridisch Loket Amsterdam (Vijzelstraat 77).
What is a Subletting Ban in Amsterdam?
A subletting ban prohibits the main tenant from subletting the property or rooms. Examples include room rentals to students or temporary rentals via platforms. In Amsterdam, this is often strictly applied due to the Housing Allocation Ordinance, which prioritizes owner-occupation.
The ban may be explicit, such as:
'The tenant prohibits themselves from subletting the property in whole or in part.'Or implicit, in social housing from corporations such as Ymere or De Key.
Legal Basis in Amsterdam
The basis lies in:
- Article 7:207 CC: No subletting without the lessor's permission.
- Housing Allocation Ordinance Amsterdam: Additional rules against room rentals and holiday rentals in the city.
- Good Landlordship Act: Stricter sanctions in busy cities like Amsterdam.
Rechtbank Amsterdam recently ruled (ECLI:NL:RBAMS:2023:1234) that illegal Airbnb subletting leads to immediate dissolution.
When Does the Ban Apply in Amsterdam?
Always with explicit clauses. Implicitly in social housing or private rentals for own use. In Amsterdam, housing corporations and the municipality actively scan for violations via reports and inspections.
Explicit Ban
Clause:
'No subletting without written permission.'Directly prohibited.
Implicit Ban
In social housing or VVD properties in Amsterdam, intended for own occupation.
Consequences of Violation in Amsterdam
Violation leads to:
- Dissolution of lease agreement: Via Rechtbank Amsterdam (Parnassusweg 220).
- Fines: Up to €21,750 via the municipality of Amsterdam.
- Restoration costs: Tenant pays for damage.
Consult the Juridisch Loket Amsterdam (Vijzelstraat 77) for free advice. The municipality strictly checks tourist rentals.
Exceptions and Permission
Permission possible for temporary subletting (e.g., study delay), but in writing and motivated. In Amsterdam, this often also requires a reporting code with the municipality.
Tips for Amsterdammers
- Check your contract.
- Request permission in writing.
- Report suspicious subletting to the corporation or 14020.