How do subletting rules vary?

In the complex Dutch housing market of 2026, subletting has become a topic where there are both opportunities and significant legal risks. With the ongoing housing shortage and the rise of the sharing economy, many tenants want to temporarily offer their homes to others, for example during a long trip, a temporary secondment abroad or simply to share the costs. However, the rules for subletting are far from uniform; they vary drastically depending on the type of home, the ownership structure, and the specific clauses in the lease contract.

Ignoring the applicable rules can lead to immediate termination of the lease, high fines and even deregistration from the Basic Registration of Persons (BRP) in 2026. In this article, we analyse how the rules for subletting vary between the social sector, the free sector and the specific forms of room rental.

Social housing: The strictest restrictions

For homes owned by housing associations or social landlords, the rules will be crystal clear in 2026: subletting is basically strictly prohibited. Because social housing is scarce and subsidized with public money, there is a heavy moral and legal burden on the rightful resident to occupy the home himself.

When a tenant sublets a social rental home without explicit permission, this is considered “housing fraud”. The sanctions are severe. The corporation can demand the eviction of the home through the court, leaving the original tenant on a blacklist. In addition, the profit made with the sublease can be claimed by the landlord. In 2026, corporations will use data analysis and neighborhood controls to detect illegal subletting (often via tourism platforms). However, there is one exception: “home custody”, where someone can temporarily stay in the home if the main tenant stays elsewhere for work or study, provided that this has been previously approved by the corporation.‍

The free sector: Contractual freedom versus consent

In the free sector, the rules vary depending on what is written in black and white in the lease. Although the law (Article 7:244 of the Dutch Civil Code) states that a tenant of an independent home has the authority to sublease to another person, 99% of contracts contractually exclude this authority in 2026.

Almost every professional lease agreement includes a clause that states that subletting, in whole or in part, is prohibited without the landlord's prior written consent. The big difference with the social sector is that there is often more room for negotiation in the free sector. Landlords may be willing to participate in a temporary subletting if the main tenant remains the guarantor of rent payment and the subtenant meets certain criteria. In 2026, it is also common for the landlord to ask for an administrative fee or an increase in the deposit in exchange for permission.

Partial subletting and room rentals

An important nuance in the 2026 rules is the distinction between subletting the entire home versus part of the home (for example, one room).

When you continue to live in the home yourself and rent out a room to someone else, we speak of partial subletting. If the tenant rents an independent home (with its own kitchen and bathroom), the law in principle allows partial subletting, unless this is specifically prohibited in the contract. However, specific rules regarding rent protection will apply to the subtenant in 2026. When the main tenant leaves, the subtenant of an independent home (room) often has fewer rights than the subtenant of an entire home. The rules here vary mainly when it comes to the notice period and the continuation of the rent by the subtenant.

Short-stay and tourist rentals

Subletting rules also vary based on the length and purpose of the stay. In 2026, tourist subletting (such as via Airbnb) will fall under a completely different regime than regular residential subletting.

Many Dutch municipalities set strict limits in 2026:

• Registration requirement: You must request a registration number from the municipality for tourist rentals.
• Nights Limit: In cities such as Amsterdam, a home can often only be sublet for a maximum of 30 nights per year.
• Notification obligation: Every time tourists stay, this must be reported to the municipality in advance.
  Anyone who breaks these rules will face administrative fines of up to tens of thousands of euros, regardless of the civil law actions that the owner of the home can take.

The role of the VVE in apartments

When the rented home is part of an apartment complex, the rules vary not only by law and the rental contract, but also by the division regulations of the Association of Owners (VvE).

Even if a landlord gives permission to sublease, the VvE can still block this in 2026. Many VvE regulations explicitly prohibit “short-term rental” or commercial exploitation of the apartments to limit inconvenience and safety risks. If a tenant subleases in violation of the VvE regulations, the VvE can force the owner to stop subletting, often subject to a penalty payment. For the tenant, this means that he always has to do two checks: one with the landlord and one with the VvE statutes.

Legal position of the subtenant

Finally, the rules concerning the legal protection of the person subletting vary. In 2026, the position of the subtenant with an independent home will be stronger than that of an independent home.

In the case of an independent home, when the contract between the owner and the main tenant ends, the subtenant often automatically becomes the new main tenant. The owner can then only sue the subtenant within six months to terminate the rent on specific grounds. In the case of non-independent homes (rooms), however, the sublease usually ends automatically when the main contract ends. This variation in protection is essential for anyone considering subletting a home; they need to know the type of contract they sign and the status of the main tenant.

The variation in the rules for subletting shows that it is not a process of “asking and doing”, but a careful consideration of contractual provisions, municipal regulations and legal frameworks.