During the summer period, it is often tempting for tenants to sublet their accommodation for a few weeks in order to pay for their own holidays. However, be careful: you must get the landlord’s agreement to do this and on the rental amount of the sublet.
The landlord’s permission to sublet a property is obligatory
This legal precedent, which was passed on July 6th 1989, is straightforward: whether it’s a furnished or unfurnished rental, the tenant is not permitted to transfer the rental contract (including the rent) nor can he or she sublet the property with the landlord’s authorization.
The tenant must also send the subtenant the landlord’s written authorization and a copy of the lease agreement.
The landlord’s approval of the sublet does not, however, give any rights to the subtenant against him or her, even if the main lease is terminated.
And the legal provisions, as set out on July 6th, 1989, are not applicable to the contract of the sublet, even if the property is used as the subtenant’s primary residence.
The legal implications of unauthorized subletting
The consequences of subletting without the landlord’s authorization can be serious, as it gives grounds for terminating the lease and evicting the tenant.
Nowadays, it’s easy for a tenants to find sub-tenants for a few days via online platforms, but it is equally easy for a landlord to produce evidence of unauthorized subletting by tracing the property advertised on these platforms. A landlord recently terminated a lease agreement and successfully claimed €5000 in fines for damages caused.
The Digital Republic Bill will enable towns and municipalities, if desired, to set up a simplified online declaration for tenants that will generate a registration number that will be required for all advertisements posted on related online platforms. In practice, this compulsory registration requirement should help to deter tenants from subletting their accommodation without authorization.
If the main rental is not subject to the legal provisions, as laid out on July 6th, 1989, but only to those of the Civil code (for example, for the rental of a secondary furnished or unfurnished property), it is possible to sublet accommodation, unless the lease agreement explicitly prohibits this or stipulates the landlord’s prior authorization. In any case, before subletting a property, it is imperative that you read over the lease agreement, that you receive your landlord’s authorization (if necessary) and that you notify your insurance provider.