Subletting a home or premises can be a practical solution when you’re unable to use it for a certain period. However, for a safe and legally compliant subletting arrangement, it’s important to understand the legal regulations that apply. This way, both you and the subtenant can avoid problems and misunderstandings in the future.

For residential properties

1. Permission from the landlord or co-operative housing associations
   To sublet a rental apartment or a condominium, you need permission from the landlord or the co-operative housing association. If you sublet without permission, you risk losing the right to your home.
2. Written lease agreement
   A clear written rental agreement is essential to define the terms. The agreement should specify, among other things, the rental period, the rent amount, what’s included in the rent (such as electricity and internet), and the rules for termination.
3. Reasonable rent
   The rent has to be reasonable. For rental apartments, this means it should correspond to your own rent plus any additional cost for furniture. For condominiums, the rent can be slightly higher but must still be reasonable in relation to the property’s value and operating costs.
4. Responsibility for the property
   As the primary tenant or condominium owner, you remain responsible for the property during the subletting period. This means you’re responsible for making sure the rent is paid and that the property remains in good condition.

For commercial premises

1. Permission from the landlord
   When subletting premises, you need permission from the landlord. The landlord has the right to refuse if there’s reason to believe the new tenant won’t properly maintain the premises.
2. Lease agreement for the premises
   A written lease agreement is also essential for subletting premises. The agreement should specify the rental period, the rent amount, and what’s included in the rent, as well as any rules regarding how the subtenant may use the premises. This can include specifying the type of business conducted and whether any modifications to the premises is allowed.
3. Responsibilities and insurance
   As the primary tenant, you’re responsible for the premises during the subletting period. This means you have to make sure the rent is paid, that the premises are used according to the agreement, and that the property is properly insured.

What we help with when subletting

Legal advice on subletting
We help you understand your rights and obligations when subletting a home or premises. We provide guidance on how to proceed to make sure that the subletting is carried out safely and in compliance with the law.

Drafting a sublease agreement
We’ll draft a clear and legally binding sublease agreement. We make sure the agreement includes all essential details and is tailored to your specific situation.

Review of sublease agreements
If you already have a lease agreement but want to make sure it’s accurate and valid, we’ll review it for you and suggest any necessary adjustments.

FAQ about Subletting

What happens if I sublet without permission?
If you sublet without permission, you risk losing your lease or your condominium ownership rights. So it’s essential to always obtain approval from the landlord or the co-operative housing association before subletting.

How much rent can I charge?
The rent must be reasonable. For rental apartments, it should correspond to the rent you pay yourself. For condominiums, it can be slightly higher but still has to remain reasonable.

What should I do if my subtenant doesn’t pay the rent?
If your subtenant doesn’t pay the rent, you’re still responsible for paying it to the landlord. However, you have the right to terminate the sublease agreement and require the subtenant to move out if they fail to pay on time.