Subletting

It is illegal to sublet your room in the student residences to another person, unless you have written permission from DUWO to do so – see your Tenancy Regulations, article 9.4. Renting your room through short-stay housing platforms such as Airbnb is also strictly prohibited. Throughout the year, DUWO will be checking proactively for illegal subletting of AUC student rooms.

If you are caught subletting your room to another person, without written permission from DUWO, the consequences will include eviction, legal steps from DUWO to recover illegal income from subletting an (in fact subsidised) student room, and AUC will be informed immediately.

Under some circumstances it is possible to sublet your room legally. You will need permission from DUWO, and AUC also needs to involved in the process. There are some opportunities to sublet legally during the summer months as well as for certain times that you are abroad as part of your AUC study programme:

• Studying abroad: You can get permission to sublet for the duration of the AUC semester – if the local semester does not coincide with the AUC semester, then you may look at the other categories of approved sublet to extend your subletting period.
  • The policy for subletting during the standard AUC semester will be communicated to you through AUC’s international office. 
• Being away from campus during the summer break: If you are going abroad in the summer, and will be returning to AUC after this summer break (thus only possible for first and second year students), you may be able te get permission to sublet your room during the summer . The following opportunities apply:
  • You can get permission to sublet to a candidate from one of the pre-approved summer sublet opportunities made available in this dynamic/shared document.
  • You can get permission to sublet to candidates that meet the criteria* agreed with DUWO. AUC checks if candidates meet the criteria,  but the decision to grant permission to sublet is ultimately up to DUWO.
• Internships, community projects or off-campus courses abroad during the ‘intensive’ January and June periods: 
  • You can get permission to sublet to a candidate from one of the pre-approved sublet opportunities made available in this dynamic/shared document.
  • You can get permission to sublet to candidates that meet the criteria* agreed with DUWO. AUC checks if candidates meet the criteria,  but the decision to grant permission to sublet is ultimately up to DUWO.

*Criteria for suitable subtenants:

DUWO will only give permission for subletting is the subtenant meets certain criteria. These criteria are intended to minimise the risks for both you and DUWO when you sublet. There are pre-approved groups and categories, but you can also propose a candidate independently. AUC will check if they meet the criteria. These criteria are:

• The sublet candidate must be registered as a full time student in the Amsterdam region, or a student from another university doing an internship in Amsterdam (proof required)
• The sublet candidate will fit in the AUC community (e.g. excellent international student; e.g. graduate from a similar programme, temporarily in Amsterdam (e.g. other UC’s)
• There is a built-in guarantee that the subtenant will move out of the AUC room at the end of the subletting period (e.g.  proof of return to home country after study abroad period; e.g. proof of continuing studies abroad or can prove plans to move to another room etc.)

Suitable candidates include international exchange students and international summer school students, but also departing 3rd-year students from AUC who have already given up their own room but want to stay for a few weeks in the residences in July/August, and for whom there is an inbuilt guarantee that they will leave before 1 September (to start a job abroad or study abroad). 

Procedure to request summer sublet

When you have found a suitable candidate, then please fill and sign the ‘Request permission to sublet’ form and submit proof that your candidate meets the above criteria (in the best way possible: proof of enrolment, flight tickets for their departure, admission to a foreign university, signed statements etc.) on paper or PDF so that AUC's housing coordinator can review the documents.

You may hand these in at AUC's Information Desk (in a closed envelope, clearly addressed) or send them in by post:

attn. AUC Subletting Approval / AUC International
Amsterdam University College
PO Box 94160
1090 GD Amsterdam

We will also accept a digital PDF via info@auc.nl. To the attention of "AUC Sublet Request Summer". 

AUC's housing coordinator will aim to confirm within 5-10 working days of receiving the documents, if the candidate meets the criteria. AUC will return the ‘Request permission to sublet’ form to you with an AUC stamp and signature, after which you can forward it to DUWO through the DUWO contact form in order to receive formal DUWO approval.

N.B. If an entire group of potential subletting candidates is proposed by an AUC student through the above method, then the group may also be added to the pre-approved summer sublet offers for other students. Should you be interested in requesting permission for an entire organisation or group, then clearly explain this in your request.

Once you have found a suitable candidate for subletting your room to, AUC has checked the candidate meets the criteria and DUWO has given your formal approval to sublet,  then you become the ‘landlord’ for your subtenant. This means that you will be responsible for setting up a rental agreement with your subtenant,  making them aware of tenancy regulations, arranging legal practicalities (municipality registration, belastingdienst toeslagen “rent benefit”, city taxes etc.). Paying the rent will remain your responsibility and you will still be liable for any damage or nuisance caused by the person subletting your room.

If you arrange all the practicalities responsibly then subletting will help you cover the costs of your room  while you are not using it, but be very careful and aware that it is a very labour intensive procedure with important legal aspects. 

General

Only with permission from DUWO may a student sublet their room. By filling out a "request permission to sublet form" you can request the sublet. AUC will check that your subtenant meets the criteria as stated by DUWO and signs the "permission to sublet form". DUWO may perform double checks of the forms and documents provided to AUC.  

After AUC signs the form, it will be forwarded to DUWO by AUC. When you have received a signed copy of the permission to sublet form, you will become the landlord for the subtenant, which means that you have to set up a sublet agreement with the subtenant. The maximum rent that you can charge is the net rent that you pay (according to your tenancy agreement) to DUWO. You may include separate costs, such as TV and internet by charging the subtenant for them separately, if you can provide clear documentation to your subtenant of these monthly payments on top of your rent.

If you receive Huurtoeslag (rent benefit), then you must discontinue/pause the Huurtoeslag for the period of the sublet, or alternatively, the student needs to make sure that the Huurtoeslag may be continued (every student must confirm individually with the belastingdienst what current rules and legislation stipulates for their own unique case). The general rule of thumb is that IF you are able to continue to receive Huurtoeslag, then you MUST deduct what you receive from the rent paid by the subtenant. Students can never make a profit from sublet.

Please also do not forget that you are responsible for checking what the consequences are of subletting for your city taxes, huurtoeslag (best cancelled if the subtenant registers on your address) etc.

Defining sublet

Recently there have been ongoing discussions in the Netherlands about what sublet actually is. With the housing market in Amsterdam becoming increasingly tense, and with a trend towards the sharing economy (think Airbnb), local and national governments as well as affiliated organisation such as the Belastingdienst are reacting constantly to fast changing environment. While the term ‘sublet’ (onderhuur) was widely used in the past for any type of temporary accommodation in someone else’s home, there are now many definitions and connected rules and regulations. It is important that you check everywhere what the status is of what we call sublet.

Examples:

• If you are renting out a single, and you are not living there yourself while you do it, then many organisations call this ‘huisbewaring’ (residence stewardship). This has different implications for huurtoeslag for example.
• In shared accommodation, where roommates stay behind, it most often seen as ‘onderhuur’ (sublet) in the traditional sense.
• Recently the belastingdienst has launched the term ‘doorverhuur’ meaning that you are renting out your place to someone else, while you are abroad yourself but still registered.
• The municipality sees any registered inhabitants of a home as a household, which means that taxes go up. However, there are only certain times a year where they measure this, often on the 1^st of January

And there are many more examples – understand that it is your responsibility to check rules and regulations and make sure you know what you are doing. If you later get issues with huurtoeslag, city taxes, waste taxes etc. – then AUC can’t take any responsibility for that.

Responsibilities

The following responsibilities should be taken into account when subletting your room:

1. Tenancy regulations:
   • Make sure that you have read and fully understood the DUWO tenancy regulations
   • Share the tenancy regulations with your subtenant and explain and discuss them
2. RA need to be informed
   • Notify your RA about the sublet and introduce the subtenant to them
   • Inform your subtenant of the RA system and how they can reach an RA 
3. Laundry
   • Make sure that your subtenant has access to the laundrette, explain to them how it works, and clear with them how they can pay for using the machines.
   • Arrange any outstanding issues before you leave (such as lost payment cards/codes). Since you are the ‘landlord’ of the subtenant, you need to make sure they can use the facilities.
4. Mail
   • Agree on a procedure for forwarding your mail to you
   • If you are away for a longer period of time, leave stamped envelopes addressed to you or your parents that can be used easily by the subtenant to forward your mail
   • Make sure you give them access to the mailbox by leaving your keys
5. Keys
   • Make sure that the subtenant receives two sets of keys, so that they can use one set and store another in a safe place elsewhere in case they get locked out
6. Rental Agreement
   • You are responsible for setting up a rental agreement between you and the subtenant. You may use the sample below, but try to think of as many important things as possible, such as agreements on cleanliness, what to do when things break, noise, unexpected costs and try to include those
   • Sample rental agreement for sublet or residence stewardship.docx
7. Conflicts
   • If you end up in a conflict with your subtenant, try to resolve it between you. A last resort is to stop by AUC's office hours for advice. 
   • A  real conflict between you and the subtenant is best solved with legal advice. You can get legal advice by using the cost-free services of law students in Amsterdam. You can for example visit ASVA legal support or Stichting Wetwinkel Amsterdam for free advice on how to handle legal conflicts.
8. Paying rent
   • You continue to pay rent to DUWO and the subtenant pays to you
   • You are allowed to ask for one month deposit
   • Make sure you include agreements on when, how and under which conditions the deposit is, or isn’t paid back.
9. Damages
   • Damages may be deducted from the deposit (after consulting your subtenant), if you can reasonably prove the cost of it.
   • For further advice, we advise to talk to free legal advice (as mentioned above)
10. Register/Deregister municipality
    • Anyone who moves to Amsterdam must register as a citizen. This is also true for international students. Please check with the municipality whether or not your subtenant needs to register.
    • You are only forced to deregister if you are away for more than 8 months, but check with the municipality if it is in your situation wise to deregister, or not. 
11. Technical problems with the room
    • Please explain to your subtenant how your room works, where is the electricity box, how to change a fuse, where does the water come from, where does garbage go etc.
    • Make sure you leave your phone number, share your new phone number abroad and leave contact details for DUWO's repair services.
    • Inform your subtenant of the caretaker’s office hours in the dorms, and show them where they are.
12. Being available for questions throughout the sublet period
    • Since you are responsible for your subtenant's actions and well-being, please make sure that you are always reachable and responsive. 
    • It may be wise to ask a friend (or family) who is stays in or near Amsterdam to take care of certain practicalities for you.