Tenant not allowed to rent out via Airbnb: concrete ban necessary

A tenant is not permitted to simply rent out or sublet via Airbnb, but a general ban on subletting is often insufficient. Landlords who genuinely want to prevent tourist rentals via platforms like Airbnb or Vrbo would do well to explicitly and specifically prohibit this in the rental agreement. After all, judges do not always rule the same way: a vague or general ban on subletting offers less certainty than a clause that explicitly excludes Airbnb-style rentals.

The basic principle: subletting is not allowed without permission

For independent living spaces, the general rule is that a tenant may not allow another person to use the dwelling without the landlord's permission. Renting via Airbnb falls under this in principle: temporarily offering (part of) the dwelling to tourists is also a form of granting use to third parties.

Such permission can be stipulated in the lease agreement in advance, but that is rarely desirable for a landlord. In practice, therefore, the opposite is usually included: an explicit prohibition on subletting. This prevents disputes regarding any tacit consent.

Many rental agreements refer to standard terms and conditions, such as the ROZ models. Newer versions of these general provisions now address the Airbnb phenomenon and explicitly mention tourist rentals via similar platforms. If you are still working with an older model, there is a good chance that such a specific clause is missing.

Why Airbnb is legally more difficult than traditional subletting

In traditional subletting, the tenant transfers (part of) the rented property to another occupant for an extended period. Airbnb rentals are different in nature: they often involve short-term, temporary rentals to tourists, while the tenant continues to live in the property themselves. It is precisely this difference that creates ambiguity. A judge may question whether a tenant, upon reading a general prohibition on subletting, should reasonably have understood that occasionally renting out a room via Airbnb also falls under it.

Case law is divided: the same clause, a different outcome

Case law regarding Airbnb rentals is not consistent. In one case, the lease agreement is terminated and the tenant evicted; in another, the judge dismisses the same claim, even though subletting was prohibited in both instances. It is therefore risky to fixate on a single favorable ruling from the past.

In stricter rulings, the judge takes the breach very seriously: there was a contractual prohibition, the tenant failed to comply with it, and this justifies termination. In milder rulings, the judge weighs all circumstances and rules that the consequences for the tenant would be too severe in relation to the landlord's interest.

Which circumstances are decisive?

Whether a judge dissolves the lease agreement depends heavily on the facts. Factors that recur in case law include:

• Primary residence: does the tenant still live there himself and only rent out a part occasionally? In that case, dissolution is less likely to be granted.
• Scope and frequency: structural, commercial rentals outweigh offering a room just once a year.
• Nuisance: complaints from neighbors or damage to the property strengthen the landlord's position.
• Financial advantage: judges take a critical look at tenants who systematically profit from someone else's property.
• Clarity of the ban: a specific ban on tourist rentals is stronger than a general ban on subletting.

The common thread: the clearer the contractual prohibition and the more serious the violation, the greater the chance that a landlord will successfully seek dissolution and eviction.

Risks for both landlord and tenant

For the landlord, unintended Airbnb rentals mean a loss of control: you do not know who is staying in your property, and you run the risk of nuisance, damage, and potential problems with insurance, permits, or the municipality. Moreover, a tenant can earn money from your property without you receiving anything in return.

For the tenant , the consequences can be far-reaching. Anyone who violates the prohibition risks dissolution of the lease agreement, eviction, compensation for damages, or the surrender of profits earned from the rental. In addition, many municipalities set their own rules and permit requirements for tourist rentals, separate from what is stated in the lease agreement.

This is how you establish a watertight ban

If you really want to prevent Airbnb rentals as a host, a well-formulated clause is the most important tool. Consider the following:

1. Include an explicit ban on subletting and on tourist rentals , naming platforms such as Airbnb and Vrbo specifically or using a broad definition of “short-term rentals to tourists or third parties”.
2. Also prohibit variants such as house swapping and granting use to third parties for a fee, so that creative workarounds are covered.
3. Attach a clear sanction to the violation (for example, a penalty clause) to make enforcement easier.
4. Refer to a current set of terms and conditions that Airbnb Rentals already mentions, and check if your standard contract is not outdated.
5. Legally review the lease agreement for each new tenant ; case law and standard terms change

A well-drafted contract regarding (sub)letting prevents you from having to hope for a favorable interpretation in court afterwards. Prevention is truly better than litigation in this case.

Frequently asked questions about Airbnb and subletting

Is a tenant allowed to rent out their home via Airbnb?

In principle, not without the landlord's permission. If the rental agreement contains a prohibition against subletting, renting via Airbnb is generally not permitted. Additionally, municipal regulations and permit requirements often apply to tourist rentals.

Is a general ban on subletting enough to stop Airbnb?

Not always. Some judges find a general ban too unclear for short-term tourist rentals. A ban that explicitly mentions Airbnb-style rentals offers more certainty.

Can the landlord terminate the rental agreement in the case of an Airbnb rental?

That is possible, but it depends on the circumstances. A clear contractual prohibition, structural subletting, nuisance, or the loss of the primary residence increase the likelihood that a judge will grant dissolution and eviction.

Does it count if the tenant continues to live in the property themselves?

Yes. If the tenant retains their primary residence and only rents out part of the home occasionally, judges are often reluctant to rule on dissolution, because the consequences for the tenant are severe.

What can a host do about unauthorized Airbnb renting?

Depending on the situation, there are several routes: ordering the tenant to cease, claiming a fine or compensation, demanding the profits earned from the rental, or requesting dissolution and eviction. Have your position legally assessed before taking action.

Have a lease agreement drafted or reviewed?

At MKB Juristen, we closely follow current legal developments and case law, and translate new trends into concrete, enforceable clauses. Whether you are a landlord seeking a watertight Airbnb ban, or an entrepreneur facing a dispute regarding subletting, we think practically with you.

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