Rules to subletting your apartment

The subletting

To rent an apartment under a sublease, the owner or rental committee must give his consent. When leaving the rented property without informing the landlord, the main tenant risks being evicted. It is important to clarify the lease rules in a contract to avoid future disagreements.

Responsibility of the first tenant

The subletting of an apartment involves a risk because the first tenant is still responsible for the apartment. It is always the first tenant who has to make sure the rent is paid on time. In case of conflicts with neighbors or bad behavior, the owner has the right to terminate the lease. The main tenant is responsible for repairs of any damage caused by the 2nd tenant in the apartment and unpaid rent. It is for this reason that we must learn about the person who will rent a property under a sublet.

The rent

Under a sublease, the main tenant does not have the right to request exorbitant rent. The second tenant can apply to the rent committee to request a reduction if the first imposes a rent higher than the authorized one. Note that it is possible to increase the rent of a rented sublease of about 10 to 15% if it is rented fully furnished. The main tenant also has the right to charge electricity, internet, cable TV, parking space and other fees.

Duration of the contract and termination

If a person has agreed to rent a property for a certain period of time, the agreed period applies, even if the main tenant changes and leaves the apartment. A cancellation may be reviewed by the parties on a leasing committee and, in the meantime, the second tenant may remain. However, it is still possible to terminate the lease with three months notice. As a rule this is what is mentioned on the contract that is taken into account.

Right of residence of a tenant under a sublet

The law governing the sublease contains rules that give the right to an extension of the lease.

The protection of the property does not apply:

  • If you rent an apartment for less than two years.
  • If you rent a furnished room and live there for less than nine months.
  • If you rent an apartment that is part of the owner’s house.

The lease may be terminated even if the tenant’s protection exists or if the rental period is to last for a certain period of time. For example, if the rent is not paid on time, if the apartment has been used for purposes other than the dwelling or if the tenant has shown bad management of the property.

The parties can agree that the protection of the property does not apply. For the agreement to be valid, a special written document must be written for this purpose.

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