Landlord permission for subletting in the Netherlands: how to do it

You live in a rented home, you have a spare bedroom and you've thought about renting it out as a hospita (a Dutch live-in landlord arrangement). What sounds like a good solution, a housemate to share the rent with, company, extra income, has one very important legal detail: you cannot just do it. Under the Dutch Civil Code you need permission from your head landlord, in writing, in advance, for every subtenant.

In this article we explain what article 7:244 of the Dutch Civil Code requires of you, how to draft a well-reasoned permission request, what to do if your landlord refuses, and what the actual risks are if you sublet without permission anyway. Plus: a sample request you can use right away.

What does article 7:244 of the Dutch Civil Code say about subletting?

Article 7:244 of the Dutch Civil Code is a short but hard statutory provision. The core of the rule:

That is the starting point: without anything added, you as a tenant are not authorised to give your home to someone else for use, in whatever form. Whether you sublet a room to a hospita housemate, rent your entire home via Airbnb or let a friend stay in exchange for an expense allowance, it all falls under the same basic rule.

There is one important exception to that: if you have permission from the head landlord, it is allowed. That permission can come about in two ways:

1. Given in advance, explicitly, in writing, for example a clause in your tenancy contract permitting subletting, or your landlord giving you written permission for a specific tenant.
2. Given in advance, explicitly via the cantonal court, if your landlord refuses and you believe the refusal is unreasonable, you can ask the cantonal court for substituting permission.

Tacit permission, "they knew and said nothing", does not count as valid permission. If you keep it quiet and they find out later, you as the head tenant are fully liable for the consequences.

An important nuance: article 7:244 of the Dutch Civil Code is "regulating law", so the head landlord can include deviating arrangements in the head contract. Some social housing contracts for example forbid subletting entirely, even via the cantonal court, for specific housing types. Therefore always read your head contract first before approaching your landlord.

When can a head landlord refuse permission?

Here it gets legally interesting. A head landlord cannot just say no, there must be a legitimate ground. The law gives an open standard: a refusal is valid if the head landlord has a reasonable ground to withhold permission. What counts as reasonable? There is by now a stack of case law on the matter.

Reasonable grounds to refuse:

• The subtenant is not solid (no steady income, poor rental history, prior non-payment)
• The home is too small for it, leading to overcrowding
• The head contract contains a specific provision against subletting (e.g. in social housing)
• The subletting would harm the head landlord's commercial interests (e.g. because they have plans for renovation or sale)
• The subletting is being used to keep the head tenant structurally absent (such as a disguised Airbnb operation)

Not a reasonable ground to refuse:

• Personal preferences of the landlord about the subtenant ("I don't want students")
• Discrimination on grounds of origin, sexual orientation, religion or family status (see Tenant screening without discrimination for hospitas)
• A wish to be able to raise the rent via a new contract
• Pure laziness or administrative resistance

This distinction is in practice where most disputes take place. A head landlord who "doesn't support the policy" without concrete justification can be overridden via the cantonal court. A head landlord who says "we have an overcrowding policy and this home is approved for two residents maximum" has a defensible ground.

How do I draft a good permission request?

A request that most landlords (commercial and social housing corporations alike) accept contains the following elements:

1. Heading and framing Send it in writing by email or registered post to your landlord or housing association. Put in the subject line clearly: "Request for permission to sublet under article 7:244 of the Dutch Civil Code".

2. Personal situation and motivation Explain in two or three sentences why you want to sublet. The most accepted reasons are financial (lowering the rent burden after a drop in income), practical (company after loss or divorce) or capacity (excess space after a partner or housemate has left).

3. Information about the prospective subtenant Name, age, profession or education, income level (with substantiation on request), references from previous landlords. The more information you voluntarily share, the faster a landlord will agree.

4. Proposed conditions

• Which room is being sublet (surface area, location in the home)
• Which rent is being charged
• Whether the subtenant may use shared amenities (kitchen, bathroom)
• The duration of the sublease agreement
• Statement that you remain the main resident yourself (crucial for hospita status)

5. Liability statement Make clear that the subletting does not affect your liability towards the head landlord: you remain head tenant, you remain responsible for rent, you remain the contact person for complaints. The subtenant has no direct legal relationship with the head landlord.

6. Response deadline Ask for a written response within four weeks. Also state that if no response is received or in case of an unreasonable refusal you will go to the cantonal court for substituting permission.

A worked example follows later in this article. Carefully store both your request and the landlord's response, you'll need them as evidence in any procedure.

What do I do if my head landlord refuses or doesn't respond?

Two different routes, depending on the situation:

Route 1: refusal with justification You receive a formal "no" with reasoning. First step: read the reasoning critically. Is the ground really reasonable? Apply those arguments to your sample subtenant and check if there is room to adjust your request. Sometimes it helps to offer a higher deposit, a shorter duration or more information about the subtenant, for example.

If the refusal is, in your view, unreasonable and your landlord refuses to reconsider, you can go to the cantonal court for a request for substituting permission under article 7:244 paragraph 2 of the Dutch Civil Code. The cantonal court then assesses whether the landlord's grounds are really reasonable. A procedure costs around 100 to 200 euros in court fees plus any lawyer fees, though you can also file a petition independently, you don't need a lawyer in cantonal cases below a certain value.

In about 60 percent of cases that come before a cantonal court substituting permission is granted. That percentage is higher when the subletting concerns a hospita relationship (where the head tenant remains in the home) and lower in situations where the head tenant actually wants to fully move out.

Route 2: no response Has your landlord not substantively responded after four weeks? Send a reminder with a new deadline of two weeks. If they still don't respond? Then you are free to go to the cantonal court, passive refusal is not a reasonable ground. In the procedure the judge will weigh that heavily.

Important tip: don't use the wait as a reason to go ahead and start subletting. Without formal permission (or a cantonal court ruling) you are still in breach, no matter how long you waited.

What are the risks of subletting without permission?

This is not a theoretical chapter. Subletting without permission is in practice one of the leading causes of eviction in the Netherlands. The risks:

Risk 1: dissolution of the tenancy The head landlord can have the tenancy dissolved through the courts on grounds of "non-performance", a serious breach of your obligations as a tenant. Subletting without permission is a textbook example. If you get caught and the case proceeds, you will normally have to leave the home within three to six months.

In Amsterdam, Utrecht and The Hague we see that housing corporations actively enforce on this. Pararius, Vesteda and large private asset managers also pursue it. The chance of being caught is lower than it used to be due to internet anonymity, but if you sublet with any regularity the chance it gets discovered over a few years is very real.

Risk 2: loss of tenant protection for your subtenant Unless you can prove hospita status (where you remain the main resident and the subtenant falls under the trial-period exception of article 7:232 paragraph 3 of the Dutch Civil Code), your subtenant in principle has tenant protection after six months. But with subletting without permission that protection is fragile: if the head landlord dissolves the head contract, your subtenant also loses their right. They can then sue you for damages on grounds of improper conduct.

Risk 3: refund of rental income Some landlords require in their head contract that all income from unauthorised subletting be remitted to the head landlord. That is not a given, but it does happen, particularly in commercial free-sector contracts and in serviced apartments. Read your contract.

Risk 4: housing fraud reports Social housing is particularly sensitive to subletting reports. In Amsterdam the municipal Housing Fraud reporting line runs actively and works together with housing corporations. A report can lead to investigation, eviction and in very serious cases to a fine of up to 87,000 euros under the Dutch Housing Act (Huisvestingswet).

Risk 5: tax risks If the Dutch tax authority discovers subletting that you have not declared in your tax return, you can receive an additional assessment, plus a fine of up to 50 percent of the avoided amount. For hospitas there is a tax exemption of around 6900 euros per year (reference 2026), but for that you must formally qualify as a hospita, and you don't qualify without permission from your head landlord.

What does a good permission request look like in practice?

Below is a workable example you can adapt to your situation:

Adapt this to the style of your landlord. Social corporations like businesslike brevity; private landlords often appreciate a more personal tone. In both cases: in writing and formal. No WhatsApp, no verbal arrangements.

Frequently asked questions

Does article 7:244 of the Dutch Civil Code also apply if I want to rent out my room via Airbnb?

Yes, and even more strictly. Airbnb rental is not the same as hospita rental in legal terms (shorter term, no fixed accommodation for the guest), but it still falls under "granting use to another". Many head landlords and municipalities also impose additional restrictions on short-stay rental. In Amsterdam even as an owner you may rent out your own home via Airbnb for a maximum of 30 nights per year. For tenants almost always stricter rules apply or a complete ban.

Can a housing corporation refuse all subletting as standard?

A general blanket ban on all subletting is in principle not legally tenable. But housing corporations may apply clear policy rules (e.g.: only permission for hospita rental where the head tenant remains living in, not for rental where the head tenant is structurally absent). Such policy rules are normally defensible before the cantonal court, provided they are applied consistently and are not discriminatory.

Can my head landlord give a temporary exception, for example for six months?

Yes, that is very common. A head landlord can give permission for a specific subtenant for a specific period. When that period ends, the permission automatically lapses and you must file a new request for renewal or a new subtenant. Agree this clearly in the permission letter.

What if permission is withdrawn after the subtenant has already moved in?

The head landlord cannot in principle simply withdraw permission previously given as long as the subtenant is still within the agreed term. They can however refuse permission for renewal or for a new subtenant. If your permission is withdrawn without valid reason, you can go to the cantonal court for substituting permission.

Can I arrange subletting without my head landlord knowing who the subtenant is?

No. A valid permission request includes the identity of the subtenant. A general permission "to rent to anyone" is unusual and would deprive the head landlord of their role as gatekeeper. You can however send a shortened addendum for a new subtenant, provided your head landlord agreed to that at the first permission.

Want to arrange this properly before looking for a housemate?

Permission from your head landlord is no formality, it is the foundation. With that foundation a hospita relationship is a legitimate, tax-friendly and legally covered solution. Looking to rent out your room as a hospita without Kamernet pricing or aggressive invitations? On Huismaatje you list your room for free, plan a viewing night with time slots and pick your housemate at your own pace. List your room →