HELP ! MY APARTMENT IS ILLEGAL SUBLET

Dominik42
Level 1
Amsterdam, Netherlands

HELP ! MY APARTMENT IS ILLEGAL SUBLET

Hi there , 

 

I need help ! I rented out my place to a lady for 6 months directly with a rental contract in Amsterdam City Center . I figured out now via my good neighbour that the tenant is sub renting my apartment since a whike on air bnb . Now on NYE we have proof and 4 guys are in my house ! It looks liek the person which is trying to make some money of my apartment has several other places she does the same thing . 

 

How can i go full force after her ? How can i get direct in contact with AIRBNB as i want to prepare a law case i need information ? Whats the best to do and who can help me whats smart regards follow up steps . 

 

My idea . Let the people which are air bnbing it currently leave in peace . Go in (iam personally not there , a friend will do it) and empty the place in regards to property in my apartment which belongs to the tenant lady , change the lock the same day and keep the deposit for eventual damage and no rent and breaking the law and contract ?! 

 

Need your input guys ! 

Dominik

8 Replies 8
Emiel1
Level 10
Leeuwarden, The Netherlands

Hi,

You have a contract with your tenant and should solve your problems in person with this tennant. Airbnb is not your business partner here. As you also have two listings on Airbnb, i assume you know how to contact Airbnb. Your "idea" seems to me a very unprofessional way of dealing with the situation. Sorry to say so.

Emiel

Helen3
Level 10
Bristol, United Kingdom

I don't know legislation in Holland but I can't imagine you can simply change the locks on a tenant without giving them notice of the eviction.

 

Look at  airbnb help centre it tells you how to report this situation to them when your tenant is illegally sub letting on Airbnb.

 

It would be highly unfair to go in and evict the visitors staying there on New Years Eve on a cold night where they would struggle to find somewhere to stay.

 

As a host you should have Airbnb's phone number if not look at the Contact Airbnb post towards the top of this forum.

Gordon0
Level 10
London, United Kingdom

If you behaved like this in the UK you would be arrested. Perhaps things are different there?

Branka-and-Silvia0
Level 10
Zagreb, Croatia

@Dominik42

she rented your apartment as a tenant but she is not using it as one. She sublets it and your apartment is used by guests. So, my opinion is that you don't have to give her 1 month eviction notice bc she is not living there at all. I assume in her contract is written that you don't allow subleting so she is breaking the contract and it is a ground for terminating the contract and for an eviction.

Also, isn't renting the entire home short term illegal in Amsterdam? 

But, to be sure the best would be to ask a lawer.

Marit-Anne0
Level 10
Bergen, Norway

@Dominik42

I believe you would have to go through the legal channels.  Although tenancy laws/rights vary, they are similar throughout Europe.  A tenant has rights as their rental is also their home and a landlord cannot throw their tenants out of their homes and onto the street without prior notice.  As @Gordon0 says, that would be a crime in itself. If you can prove that your tenant has used the place as a sublet for the entire time, there may be loopholes in the law. Legal guidance is recommended.

The only thing you can do with immeditate effect is to stop the sub-letting.  Evictions will have to go through the legal procedure ways and will take longer.

Damage deposits are for actual damages, I do not think you may keep it for other reasons. 

If your tenant lists on airbnb, you should be able to find the listing and report to airbnb.

David126
Level 10
Como, CO

The Contract and your local laws will determine the process to evict.

David
Cormac0
Level 10
Kraków, Poland

 

@Dominik42

 

In the event of a catastrophic event like a Fire or life changing injury, who's insurance will cover it? I doubt your insurance company will and the fraudster that renting your apartment most certainly is not covered.

 

(There was a post recently, made by a rather naive young lady who sublet one of the rooms of her rented apartment and her Guest electronic goods were stolen and she could not afford to pay for them being “A Poor Student” … it makes me want to vomit.)

 

It is your duty to expel Him/her from your property and seek punitive damages (although you have little or no chance of getting anything)

 

This sort of activity is driving the cost of Airbnb rental down to ridicules levels and need to be sorted out.

 

Regards

Cormac

The Explorer’s Club Krakow III

 

 

 

 

Mrs--Donna0
Level 3
Baltimore, MD

I do not understand what the problem is, if she is paying you the rent. Are you mad, because she is making a profit. What you do is when it comes time to renew, do not renew it to her, take back your place and do what she did. Just wait, do not cause any confusion, if the contract does not say she can not rent out the room. Learn your lessons, see how she is doing and do it better when you get back your place, If you ask me she is quite smart.