Regulating Subletting in Delft: Legal Pitfalls

In Delft, with its vibrant student population at TU Delft and the severe shortage of rooms, subletting is popular but risky. Subletting is permitted provided the head tenant obtains explicit permission from the landlord, except in cases of temporary absence for up to two years. Without permission, there is a risk of termination of the tenancy agreement, which is particularly painful in Delft's tight market. The subletting price may not exceed the head rent, unless otherwise agreed in writing – a common pitfall in expat and student rentals. Disputes regarding damage or non-payment hit the head tenant hard: you remain fully liable to the landlord. Always enter into a written subletting covenant with clear duration, price, house rules, and responsibilities for maintenance. For income settlement from subletting, the Good Landlordship Act applies strictly, especially in Delft neighbourhoods such as the city centre or Poptahof. Landlords may prohibit subletting in cases of risk of abuse of vacancy or nuisance, which is common for historic buildings near the TU. For the Room Rental Scheme (max. 5 bedrooms), additional Delft regulations apply, such as the reporting obligation to the municipality for room occupancy. Disputes are resolved through mediation at the Juridisch Loket Delft or the district court in The Hague. Check the creditworthiness of the subtenant via BKR and establish a lien on furnishings. In Delft's dynamic rental market, this prevents legal nightmares and ensures stable rental income.