Can I Sublet My Rental Property?

The Short Answer

You cannot just sublet your rental property. The law requires that you first ask your landlord for written permission. The landlord may only refuse this permission if they have good reasons, such as nuisance or damage to the property. Without permission, subletting is a breach of contract that can lead to termination of your rental agreement. It doesn't matter whether you sublet the entire property or just a room.

What Does the Law Say?

Article 7:226 of the Civil Code regulates subletting of rental properties. The law states that subletting without permission is a failure to fulfill the rental contract. The landlord may only refuse permission for serious reasons, such as the risk of nuisance or rent arrears. If the refusal is unjustified, you can go to court to still get permission.

What Should You Pay Attention To?

Make sure to obtain the landlord's permission in writing, for example by email or letter. Also check your rental contract for any specific conditions on subletting. Some landlords set additional requirements, such as a maximum number of subtenants or a limited period. And keep in mind that as the main tenant, you remain responsible for any damage and rent arrears caused by your subtenant.

Example from Practice

Sarah wants to sublet her apartment to a friend while she studies abroad for a year. She sends an email to her landlord with the request and information about the subtenant. The landlord gives permission because Sarah has always paid her rent on time and there have been no problems. Sarah also puts the arrangements with her subtenant in writing. By arranging everything properly, she avoids issues and can return to her apartment after her studies.

What Can You Do?

Follow these steps to legally sublet without any problems.