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Subletting via Airbnb strictly prohibited

Do not risk losing your home and facing high claims


Published on : 18-11-2015, 09:42 by

Subletting via Airbnb strictly prohibited!

You have been searching for a long time, but finally you have found your dream house. During the rental period you decide to go on vacation, and you are considering hiring the house temporary through Airbnb. We would like to warn you for this. However great the temptation might be, do not risk losing your home and facing high claims. The law states that subletting is prohibited if the landlord does not consent to the sublease, also when its just for shortstay. Thus, never go over to subletting your house!

What's written in the lease contract about sublease?

The lease contract will state that the tenant is not permitted without written permission from the landlord to rent the house both entirely and partially. If a tenant fails to comply with the agreement, this will be considered illegal and leads to termination of the lease contract and a claim for compensation of the damage suffered. Not just a housing corporation, but also a private landlord can claim the costs that are made for the necessary investigation of illegal subletting.

Various receivables

When the landlord finds out that the house is being subletted, he can ask the court to terminate the lease contract. In anticipation of the lawsuit, immediate evacuation of the house can be ordered. In the case of Airbnb rental we see this happening more and more frequently. Several judges already made tenants evacuate their subletted apartments immediately. The rules that count for social housing and non-social housing are the same. If landlords have sufficient evidence such as advertisement of the apartment online, or reviews on the Internet, they can start a procedure. These days evidence as such is easy to find on the internet and can be used in the proceedings. The tenant will thus be faced with an eviction, and there are more consequences that the tenant can be faces with:

  • The landlord can, if adapted in the lease that subletting is prohibited, claim the penalty that is included above;
  • The landlord can claim the (investigation) costs he made for prooving the subletting;
  • The landlord can claim the costs he makes for immediate evacuation from the tenant;
  • The court will pronounce a conviction in the costs of the proceedings. The loser will have to pay these costs.
  • The court has also determined that profit made by illegal sublet must payed back to the landlord. The tenant who sublets may not only lose his home, but can thus also be faced with high claims.

 

Also the intent to sublease will be punished

It has been made clear that tenants who sublet without permission take a high risk, but also the intent to sublease can be punished! Recently a case came to court in The Hague. In this particular case the prohibition of subletting was adapted in the rental contract. However, the tenant offered his family house on the internet for renting. Despite the fact that the house was not sublet - the house was in fact offered only - the court decided that the intent to sublease was equal to the actual sublease. It led to termination of the lease.








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