Rental law and subletting: Request your free advice

Questioner

I rent out my rental home (private sector, 1300 euros/month) to tourists during the weekends. My landlord has discovered this and is demanding immediate termination of the lease by me through a lawyer. He sees it as a breach of contract on my part. He believes that I live at a different address, namely my parents' address. This is demonstrably not true, I actually live in his home. Now it is the case that two months ago he asked me through an employee of his if I wanted to cooperate in a move. The house is located on the PC Hooftstraat in Amsterdam, and an extension of the house in favor of the shop gives him a large profit. I suspect an improper reason here. My idea is to point out his real reason, which is to get a rent increase and get me out for an economic reason. My question now: I do believe that this is an attributable shortcoming. I also immediately stopped renting out my home. Will a judge consider this sufficient reason to evict me?

Lawyer

Day, subletting is - unless not contractually prohibited - an urgent and legally valid reason to terminate the lease immediately. I fear that your defense is weak.

Lawyer

Subletting rooms is allowed, unless your agreement would prohibit it. But even then it is very questionable whether this is sufficient grounds for terminating the agreement. In my opinion not, certainly not now that you have stopped. Furthermore, these rental agreements with tourists are by their nature temporary. This means that there is no question of rental protection for these subtenants. And that is precisely the reason why landlords often do not allow subtenants. I would be happy to help you with this if you wish. Rental law is my speciality. Please feel free to contact me directly without obligation.

Lawyer

The provision 7:244 BW applies. This states that you as a tenant are not authorised to allow another person to use the rented property in whole or in part. However, as a tenant of an independent home (which, as far as I can see, is the case in your case), you are allowed to allow someone else to use part of the home, as long as you retain your main residence in the home. It is then up to the landlord to prove the opposite. It is wise to take this into account in your communication with the landlord.

Lawyer

Article 7:244 is regulatory law, not mandatory law.

Lawyer

In addition, subletting is possible with regard to living space when this has been mutually agreed upon. (as I believe college Monique Ferwerda also tried to indicate) Furthermore, I follow the position of Monique Doomernik. It also seems to me insufficient grounds to be able to terminate the lease.

Lawyer

In view of the comments of others, I will substantiate this further. The legislative history (MvT to art. 221) and case law determine that termination of the lease is not possible if the sublease has a limited meaning in terms of nature or duration. This is the case here, as I already indicated to you, the questioner.

Questioner

Many thanks to all on this Friday afternoon. I immediately stopped renting out my own, independent home. I tend to agree with Mrs. Doomernik and Mr. van Hoof (perhaps out of self-interest). Mrs. Ferwerda, do you think you have knowledge that refutes the opinions of Mrs. Doomernik and Mr. van Hoof? In addition: I am particularly convinced by this statement from Monique: 'Moreover, these rental agreements with tourists are by their nature temporary. This means that there is no question of rental protection for these subtenants. And that is precisely the reason why landlords often do not allow subtenants.' I therefore assume that immediately stopping the rental will protect me from eviction, even if a judge rules. I will also inform the landlord that I do not agree with the request for voluntary termination by me. If I am unable to resolve the issue afterward, I will contact you immediately. Leon

Lawyer

Good luck. If you need me, you know where to find me.