Am I considered a subtenant and, if the main tenant leaves, can I continue to rent?

Questioner

Since 2013 I have been a subtenant of a house in Amsterdam. The main tenant is a friend of mine and once got this house through someone else for a very affordable price in this city. The main tenant wants to move in with his girlfriend in another house soon. He would like to transfer the house to me, which would mean that I would have to become the main tenant. When I just discussed this with the manager, she indicated that the owner - I think her father, Mr. Sweers - probably would not want to enter into a similar rental agreement with me. Surrounding houses have increased enormously in price and offering me the same rent would be disadvantageous to him. I wonder what my rights are. In 2013, the main tenant and I entered into a contract - it turned out that the wrong name was mentioned in it (not smart). However, since then I have of course paid the rent every month, which proves that I have lived here all that time. In addition, I am not aware of the exact contract between the main tenant and the landlord, especially when it comes to subletting. However, the manager has known for a long time that I am subletting from the main tenant. In case of problems in the house (leak or something), I was always the one who contacted her. The first email contact that I can find with her dates back to 2018. So my question is: - Am I officially considered a subtenant? - If I am a subtenant, am I eligible for a continued lease agreement? - Can my roommate/the main tenant still get into trouble because he sublet a room to me, even if the landlord has known about this for a long time (but he did not ask permission)? A long text, but hopefully sufficiently explained! A reaction would help me a lot. I look forward to your reaction! Kind regards,

Lawyer

Because you rent a room as a subtenant and not the entire house or an independent unit, your contract expires when the lease between you and the main tenant is terminated. However, the termination may constitute a breach of contract and you may be able to claim damages from the main tenant. Usually, subletting is prohibited in the contract, but if a landlord knows about it and does nothing, you can assume that he approves.

Questioner

Thanks for the answer - and apologies for my very late response. My situation is a bit special, because I rent my own space within the house. My housemate and I are both registered at the same address. Before he moved in, the attic space was converted into a studio. This is where I live. I have my own entrance (door with lock), my own kitchen and my own bathroom. The studio is just not registered as my own address with the municipality. Does this change anything about my rights? I read something about rent protection for independent living, but I don't know if the space I rent falls under this.

Lawyer

Yes it is and you can prove it, however, for a split or having an independent space within a home, permission from the municipality is usually required. But it does mean that you are in principle entitled to the part that you rent.