Unemployment benefits and subletting: What do you need to know?


Questioner

I have unemployment benefits and I am going on holiday for 5 weeks. I have a rental apartment and this is not social housing. Is it allowed to sublet the apartment during my holiday if nothing about subletting is stated in the rental agreement? Does this affect my benefits?

Lawyer

I will only answer that part of the question that relates to social security law. Income from subletting has no effect on your benefits. What DOES affect your unemployment benefit is the duration of your vacation. You can only go away for a maximum of 4 weeks per year! Anything you go away for longer OUTSIDE THE NETHERLANDS is considered a stay outside the Netherlands and then an exclusion ground applies

Lawyer

I will answer your question in the area of ​​subletting. In principle, subletting is not permitted. This is only permitted if the landlord agrees to it. Please note that a rental agreement must then be drawn up. Please note! There are some disadvantages to subletting and I strongly advise against it in your construction. These are disadvantages to your detriment. The subtenant is protected by rent protection and you will have to request dissolution from the court if the subtenant does not cooperate in leaving. In addition, the subtenant can deregister you with the municipality with the reason that you do not live / stay here and left for an unknown reason. An investigation will be carried out before deregistering. It is not certain that this situation will occur in your case, but it is a possibility and I see it happen regularly.

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