Rental room without registration: What are the rules?


Questioner

I could rent a room for €500 incl. Now the following is the case; the person who 'lives' here lives abroad and is retired. So he wants to rent out a room with the use of the whole house. He is sometimes in the Netherlands to take care of some business and then leaves for abroad again! I shouldn't be allowed to register at the address because he is retired???? Is this allowed and is there a possibility that it is allowed and possible? I am a recently divorced man and live in my parents' attic. (I would like to live independently again) I don't have any problems with student grants or anything like that. I am registered with my parents.

Lawyer

That is not very convenient because if you cannot register, you will not have a permanent residential address with all the consequences that entails. However, you could consider using this rental period as a temporary bridge and keeping a postal address at your parents'. According to the law, this is not allowed and you must register where you actually live unless this is a very limited and temporary situation of six to 8 months (depending on your municipality)

Questioner

Good day,, Thank you for your response. Now I have been in contact with this person and he owns a house and he is indeed retired. He is leaving for Asia for a while and is renting out this room. He is allowed to rent out a room for a maximum of €500,-??? This is an EOA arrangement according to him? And if you were registered he would not get anything out of it, max €150?! According to him, not registering with the municipality has to do with the fact that he will have problems with the tax authorities and the pension payment?! According to him, these can be high fines. According to him, it is not illegal to rent out a room in this way! Can you explain this to me further? Kind regards, a searching single father.

Lawyer

It is incorrect in several respects to rent out a room under the aforementioned condition of non-registration: 1) the landlord cannot offer you a real place to live, which makes the contract unbalanced in relation to the price. 2) indeed this person can expect problems with the SVB and the tax authorities. Because he shares a household permanently. This can be partly overcome by putting the contract in writing and renting out the room under the room rent exemption. 3) You must pay a price that is worth living illegally; after all, the law requires you to register where you actually live. 4)The bank will have to give permission for the use of the property. If this is a temporary situation or a bridging period it can be done via the postal address, otherwise not. My advice is to consider everything, after all you don't know for sure whether that person might come back sooner.

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