Subletting

Subletting – commercial space and other space

A lessee is entitled to sublet the rented property to another person, unless he had to assume that there are reasonable objections with the lessor. These objections may concern, for example, the lessee’s personality or the use itself.

If the lease states that no subletting is allowed, this is prohibited in any case. The lessee who does sublet in that case, commits a breach of contract and this is usually sufficient to have the lease dissolved by the court. The lessee may also be liable to pay damages to the lessor if actual damage has been suffered. For example, proportional surrender of profits and costs that have to be incurred to eliminate the disadvantages of subletting, such as the costs of an eviction.

Subletting – living space

Subletting is prohibited in the case of living space, unless the tenant of an self-contained accommodation, who has his main residence in the house, sublets part of the residence.

If the rental contract states that subletting is not permitted, this is prohibited in any case. The tenant who does sublet in that case, commits a breach of contract and this is usually sufficient to have the tenancy agreement dissolved by the court.

The tenant may also be liable to pay damages to the landlord if actual damage has been suffered. For example, proportional surrender of profits and costs that have to be incurred to eliminate the disadvantages of subletting, such as the costs of an eviction.

Even if the tenant has unlawfully sublet a self-contained accommodation, the subtenant may still be allowed to continue the subtenancy agreement.

If the principal tenancy agreement is terminated, the landlord may within 6 months after this termination through a procedure in court claim a termination of the subtenancy agreement. If the landlord does not institute a claim within this period, he shall be bound by the subtenancy agreement, even if he himself has not entered into this agreement.