The sublease allows tenants to provide subtenants access to all or part of a rented accommodation, in exchange for a form of compensation – usually financial. Legally, the person subletting his or her property remains a tenant of the lessor for the duration of the sublease.
For the sublease to be legal, certain rules must be observed.
The landlord must be informed by the tenant of the conditions under which the property is sublet, such as the rent and the duration of the sublease, either by registered letter with acknowledgement of receipt, or by bailiff. Upon receipt of the application, the lessor must provide their written consent regarding the sublease and the price of rent (which cannot exceed the price of rent paid by the main tenant).
If both of these conditions are met, the sublease may lead to the signing of a sublease contract between the tenant and the subtenant, without the owner having to get involved as long as they have been duly informed.
Generally, tenants have to provide two documents to the subtenant; the written authorisation of the lessor, and a photocopy of the current lease contract.
The lessor may freely refuse a sublease proposal. They do not have to provide the reasons for their choice.
Roomlala reminds you that subletting an apartment without the landlord’s authorisation is not without its risks: if the landlord has refused subletting or if no request for authorisation has been addressed to the landlord, the tenant that is illegally subletting risks a termination of the lease by the landlord.