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.