Many people ask me if a tenant can sublet a rented apartment without the landlord’s consent. Others deal with issues where someone behaves like a tenant but doesn’t have any contract. In practice, this leads to confusion, invalid agreements, and disputes over deposits or responsibility for damages. That’s why I wrote this article.

What You’ll Learn in This Article

• the difference between lease and sublease

• when a sublease agreement is required

• when subleasing is invalid or illegal

• who is liable for damage caused by the subtenant

What Is a Sublease?

A sublease occurs when a tenant gives part or all of the apartment to another person—the subtenant. This does not create a new lease with the property owner, but a sublease relationship between the tenant and the subtenant.

Typical situations include:

• someone going abroad for studies or work and letting a friend stay in their flat

• a tenant looking for a roommate who pays part of the rent

• a business tenant renting part of the leased premises to another entrepreneur

When Is the Landlord’s Consent Needed?

It depends on whether it’s a residential lease or another type:

• In the case of residential leases, the tenant may sublet part of the apartment without the landlord’s consent, provided the tenant still lives there.

• If the tenant wants to sublet the entire apartment and does not live there, they need the landlord’s express written consent.

• For non-residential premises (like offices or shops), it usually depends on the contract – subleasing is generally not allowed without the landlord’s permission.

What Should a Sublease Agreement Include?

A sublease agreement doesn’t have to be complicated, but it should always be in writing. It should include:

• names of both parties

• clear description of the premises

• rent amount or compensation

• duration of the sublease

• handover details

• rights and obligations (e.g., prohibition of further subleases)

Without a written contract, the relationship may be legally unenforceable or difficult to prove.

Liability and Risks

The tenant is responsible for the actions of the subtenant. If the subtenant damages the apartment, disturbs neighbors, or fails to pay, the tenant is liable. That’s why it’s crucial to have a properly written agreement, including terms of termination.

Lawyer’s Advice

If you’re thinking about subletting, don’t rely on verbal agreements. A written contract helps prevent disputes. If you’re unsure what the sublease agreement should contain, I’ll be happy to prepare or review it for you.