Subletting is when you rent out your own rented apartment – in whole or in part. Subletting is also covered by the rules of the Rent Act. The landlord cannot oppose subletting in general by agreement if the tenant follows the rules of the Rent Act – which does, however, contain some restrictions on when you can sublet.
Subletting does not create a contractual relationship between the landlord and the subtenant. Even though you are a tenant, you become a sublandlord in relation to the person you sublet to. Subletting does not change the fact that you are still bound by your lease agreement in relation to your own landlord. Therefore, you are also liable to your own landlord for any damage caused by the person you have sublet to. And even if the subtenant doesn’t pay the rent, you still must pay your rent to your landlord.
In partial subletting, the tenant may sublet no more than half of the residential rooms in the apartment, and the total number of people living in the apartment may not exceed the number of residential rooms. This means, for example, that if the tenants are a couple living in a two-bedroom apartment, partial subletting is not allowed. The landlord also has the right to require a written lease agreement between the tenant and the subtenant.
To sublet the entire apartment, the sublease must have a maximum duration of two years and the tenant’s absence must be temporary. This means that the tenant must be able to prove to the landlord that he or she will return to live in the apartment again when the sublease period terminates. In addition, the property where the apartment is situated must have 13 or more apartments in total – otherwise you must enter into a voluntary agreement with the landlord to sublet. As with partial subletting, the total number of people living in the apartment must not exceed the number of residential rooms in the apartment. The landlord may object to the sublease if the landlord has a “reasonable cause” to do so – for example, if the subtenant has previously breached an agreement with the landlord. The landlord also has the right to require a written lease agreement between the tenant and the subtenant.
If you are a subtenant, remember that you cannot make a claim against the owner of the apartment you have sublet (the landlord). You can only make a claim against the person you have sublet from. In some cases, this may mean that you are at a disadvantage if the person you have sublet from does not honor agreements.