Lodger renting: the rules and benefits in 2024 and 2025
Living space is scarce. Very scarce. That is why the government is making it increasingly attractive to rent out a room in your own home: "lodger rental" (hospitaverhuur). For the student a roof over their head, for the landlord extra income and company. But beware: if you live in someone's house (or take someone into your house), very different rules apply than with a normal apartment.
The most important rule you need to know? The notorious "probation period". But the tax authorities are also watching. In this article we explain exactly what your rights and obligations are as a landlady or as a tenant.
1. What exactly is lodger rental?
You are a landlady (or host) if you live in the same house as your tenant. You share facilities such as the kitchen, bathroom or front door. The landlord must have their main residence there.
Do you rent out a room in a house where you do NOT live yourself? Then it is not lodger rental, but simply room rental (non-independent living space). That is legally a world of difference.
2. The "Probation Period" of 9 Months
This is unique in tenancy law. Because you live together in one house, the legislator attaches great value to the "click". Doesn't it work? Then you must be able to part ways.
🕒 How does the probation period work?
In the first 9 months of the contract, the landlord may terminate the rent without giving a reason.
- Notice period: At least 3 months.
- Rent protection? No, you do NOT have that in this period.
- After 9 months: Do you stay longer? Then the contract automatically changes into a permanent contract WITH full rent protection. The landlord can hardly get you out then.
3. Tax-free extra income (Room rental exemption)
For landlords this is worth gold. In 2024 you may receive up to € 5,998 per year (including gas/water/light!) tax-free for room rental.
💰 Calculation example:
Do you ask € 450 per month all-in? That is € 5,400 per year. You put that whole amount in your pocket. The tax authorities do not see this as income. Do you go even 1 euro above that limit? Then you have to pay tax on the ENTIRE amount. So be very careful with pricing!
4. The Rent Price: Points System
Lodger rental falls under the points system for non-independent living space. That means there is a maximum rent price.
The landlord may not "ask what the fool gives for it". Does the landlady ask € 800 for a room of 10m²? Then as a tenant (also in the first 9 months!) you can go to the Rent Tribunal to lower the rent.
Note: Do you do this in the probation period? Then chances are the landlady will terminate the contract. Timing is everything.
5. Tips for pleasant cohabitation
- Make clear house rules: Who cleans the bathroom? Are partners allowed to sleep over? What time should it be quiet? Put this on paper.
- Split the costs: Make a clear distinction in the contract between basic rent ('kaal') and service costs (g/w/l, internet). This prevents hassle about the final settlement.
- Privacy: The landlady may NOT simply walk into your room. Your room is your domain, even if it is in her house.
Check lodger contract?
Are you going to live with a landlady? Or do you want to rent out a room yourself? Ensure your contract is legally correct, especially regarding that probation period and the rent price.
Check my lodger contract