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Renting out through Airbnb when it's not allowed under the lease. The consequences.

First of all, you may rent out your property through Airbnb for a maximum of 30 days per year, at least, if you also have permission from your landlord. Many (standard) lease terms now include a provision that it is prohibited to rent out your space through platforms like Airbnb unless you have explicit permission from your landlord. For example, article 2.1 of the widely used ROZ general terms and conditions of lease agreement living space 2017 contains such a provision. If you do rent out through a platform like Airbnb and your landlord finds out, then you are in breach of your agreement. Possible legal consequences could be:

  1. Dissolution of the rental agreement The landlord can go to court to have the rental agreement dissolved on the grounds that you have not behaved as a good tenant (Article 7:213 of the Civil Code) and have failed to comply with your rental agreement (e.g., with Article 2.1 of the ROZ housing general provisions).

  2. Damages The landlord can claim damages for the situated loss.This may be the case, for example, if the property has been damaged by the subletting.

  3. Penalty If your lease includes a penalty clause in case you sublet the property, the landlord can claim this penalty.

  4. Profit transfer In some cases, the landlord may demand that you remit to him the profit you made off the subletting. Therefore, it is best to either obtain explicit permission from your landlord, or not risk subletting secretly, as the consequences can look hefty.

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