Contracts in subrenting

There are several contracts to consider while dealing with subrent. First of all, the main tenant has a contract with his or her landlord; the subtenant has nothing to do with this, except that he or she may request to see this contract (see also illegal subrent). Furthermore, there is a contract between the main tenant and the subtenant, in which they agree on the period of subrent, the price of the rent, et cetera. Please note that such a contract only is legitimate in the case that the main tenant inhabits the house under consideration before and after the subrent period (see also legislation). In all other cases, the period in the contract is not legitimate, causing the subtenant to be legally protected from leaving the house. In other words, the subtenant will not have to leave the house after the period agreed on in the contract if the main tenant did not inhabit the house before the sub tenant moved in, or if the main tenant will not inhabit the house after the period agreed on.

Instant ending of the contract

In some cases, the owner of the house will not reinhabit the house at the end of the period. This occurs for example in cases where people want to sell their house, but the house is not yet sold. They let a subtenant inhabit the house while it is still for sale, and agree on an end term in the hope that by this term the house will be sold. The only tehoretical way for the owners of the house to ensure that the subtenant leaves the house at the end of the term is to let the subtenant immediately sign an ending contract at the same time when signing the subrent contract. This way, the subtenant actually agrees to end the contract at the end of the subrent period and he or she will have to leave the house at the end of the period. But even still, in the past judges have decided against this construction as it undermines the tenants' protection of rights. A water proof construction is therefore never guaranteed.

Download default contracts (in Dutch!)

For only €2,40 (Netherlands) or €3,00 (Belgium) you can access default contracts in which all the above has been put.
INSIDE THE NETHERLANDS Please text BETAAL AY to 3010 and fill in the pin code you receive below:
Pin code:

INSIDE BELGIUM Please text ORDER to 6045 and fill in the pin code you receive below:
Pin code:

• default subrent contract
• default contract for temporary rent
• default ending agreement

« back