A'dam tenant evicted for subleting social housing unit for €1,400 more than he paid
Housing corporation Stadgenoot is allowed to evict a tenant accused of subletting his social housing unit, the court in Amsterdam ruled. The tenant said he rented out a room in his small two-room apartment via a “lodger arrangement,” meaning that he still lived there, but the court found this unlikely. The tenant also charged his subletters €2,000 per month, while he only paid €616 in rent per month.
The tenant argued that he rented out a room in the 51-square-meter property under a lodger arrangement initially to one person, and later to a second person who moved in. The property consists of two rooms: a 14.5-square-meter bedroom and a 17,11 square meter living room. The tenant said that the social housing unit was still his primary residence and that he did not mind sleeping in the living room.
After receiving a report that the social housing unit was being sublet, Statdgenoot visited the apartment on August 4, 2025. The housing corporation found the two subletters in the apartment, but not the actual tenant. The housing corporation took several photos during that visit and submitted them as evidence that the tenant did not actually live there.
The photos showed a bed, a sofa, and a washing machine in the living room. The court considered these items insufficient to show that somebody lived in the space, pointing out that the photos showed no kitchen furnishings or bedding. “Furthermore, there is a complete lack of personal belongings, such as private mail, photographs, or similar personal effects.”
The tenant claimed that his personal belongings were removed for the photo, but according to the court, he could not sufficiently substantiate this. He submitted no earlier photographs showing the space with his belongings.
Stadgenoot also submitted data from the municipality’s Personal Records Database, showing that 13 different individuals, in addition to the tenant himself, had been registered at the address for varying periods since January 2010.
The tenant claimed that some of these people were relatives and friends visiting him for short periods, but couldn’t explain to the court why he felt the need to register them with the municipality. The court also pointed out that the lease agreement with Stadgenoot specifically prohibits subletting in any form without written consent from the housing corporation.
The court ruled that Stadgenoot can terminate the tenant’s lease agreement. The tenant must pay €782 in rent arrears, plus €616 per month starting from January of this year until he vacates the property.