Subletting of residential premises

Articles 7:224 / 7:119 / 7:269 Dutch Civil Code (BW)

A tenant of a dwelling is not entitled to sublet the property in its entirety, regardless of whether the dwelling is self-contained or non-self-contained. However, a tenant of a self-contained dwelling who uses the dwelling as his or her principal residence is entitled to sublet part of the dwelling. If all or part of the dwelling is sublet, the tenant remains liable to the landlord for the acts and omissions of the subtenant.

Termination of the head lease

In principle, the sublease remains in force if the head lease has ended. The landlord under the head lease then becomes the new landlord of the subtenant. This also applies if the original tenant was not authorised to sublet. However, the landlord may apply to the court within six months after the change in landlord to request termination of the lease between the landlord and the subtenant. The court will grant this request only on specific grounds. For example if the subtenant does not provide sufficient financial security for performance of the lease.

The above applies only if it concerns a self-contained dwelling. A subtenant of a non-self-contained dwelling is not protected when the head lease comes to an end.

Do you have any questions after reading the above explanation about the subletting of residential premises? Please feel free to contact us. Our tenancy law lawyers will be happy to assist you.