Subletting and Urgent Termination of Temporary Contracts

Subletting, regulated under Article 7:232 of the Dutch Civil Code (BW), differs from regular tenancy due to its short-term nature, but urgent termination applies analogously. Subtenants may terminate the agreement in cases of serious nuisance caused by the main tenant, such as illegal occupancy. The landlord may terminate the agreement for breach of contract, provided it is reported without delay. Specifically, in the case of furnished rental with a temporary contract, the agreement ends automatically, but urgent reasons may expedite termination. Courts apply stricter scrutiny due to the temporary nature of the agreement; evidence such as text messages or videos is crucial. Examples include party-related disturbances in holiday homes or damage caused by partygoers. The procedure involves immediate termination, with recourse to the court if necessary. Tenants enjoy less residential protection. Costs are lower due to expedited proceedings. In ECLI:NL:RBROT:2023:111, the court ruled that subletting was dissolved due to threats. Unlike main tenancy agreements, there is no involvement of the Rent Tribunal (Huurcommissie); the Dutch Civil Code applies directly. Advice: explicitly regulate the rental agreement. Property owners can protect themselves through a security deposit. Subletting offers flexibility but carries risks in cases of misuse.