Subletting and Termination in Tilburg: Risks and Rules
Rules for subletting upon termination in Tilburg: consent required, risks such as fines, and how subtenants are protected under the Dutch Civil Code (BW) and local regulations.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Tilburg, subletting always requires written consent from both the main tenant and the landlord; without this consent, it is prohibited and may lead to immediate termination. Upon termination of the main tenancy, the subtenancy ends automatically, unless the landlord in Tilburg explicitly agrees to continuation, for example with housing corporations such as WonenBreburg or Sint Joseph. Article 7:267 of the Dutch Civil Code (BW) does not protect the subtenant against termination by the main tenant. Procedure: request consent via email or registered letter, often with a security deposit of €500-€1000, which is common in student cities like Tilburg. The landlord may refuse in case of default, such as arrears in rent or nuisance in neighbourhoods like the Spoorzone. Practical example: a student at Tilburg University sublets a room in Korvel; upon departure of the main tenant, the subtenant must leave, otherwise eviction follows. Dispute? The district court (kantonrechter) in Tilburg rules quickly; subtenants often claim compensation for moving costs. Protection: the sublease agreement may not exceed the duration of the main tenancy. In case of illegal subletting, a fine of up to €410 (2024) and immediate eviction are threatened. Airbnb rules are stricter in Tilburg since the Housing Ordinance 2023: max 30 nights per year, reporting obligation to the municipality. Local tip: check the Tilburg tenants' interest association for advice. These rules prevent chain terminations around the TU/e campus and abuse in the city centre. Always consult the house rules of your Tilburg landlord. (248 words)