Can a Tenant Rent the Property to Someone Else Without the

Landlord’s Permission?

One of the most common problems in lease relationships is a tenant renting the leased home or

workplace to another person without the landlord’s permission. In practice, this may arise as a

“sublease,” a “transfer of the leased property” or “allowing a third person to use the home.”

So, can a tenant rent the property to someone else without the landlord’s permission?

As a general rule in residential and roofed workplace leases, the tenant cannot sublet the leased

property or transfer the right of use to a third person without the landlord’s written consent. Renting a

leased home to another person without informing and obtaining written permission from the landlord

can therefore have serious legal consequences.

What Is a Sublease?

A sublease is an arrangement in which a tenant rents all or part of the property that they themselves

lease to another person. For example, if a tenant rents the home in which they live to someone else

in return for payment, a sublease relationship is created.

In a sublease, the original tenant remains the tenant vis-a-vis the landlord. The person who

subsequently uses the property becomes the subtenant. However, in residential and roofed

workplace leases, the landlord’s written consent is required for this relationship to be established.

Can a Tenant Sublet a Home Without the Landlord’s Permission?

In residential leases, the tenant cannot rent all or part of the home to another person without the

landlord’s written consent. Likewise, the tenant cannot effectively hand the property over to someone

else and move out themselves without the required consent.

A verbal statement by the landlord such as “that’s fine” may create evidentiary problems later. Written

approval should therefore always be obtained regarding a sublease or transfer of the right of use.

A sublease created without written permission constitutes a breach of the lease agreement. In such a

case, the landlord may pursue legal remedies against the tenant.

Is It Also Prohibited to Have a Roommate?

Each case must be assessed according to its own circumstances. A tenant living with family

members or reasonably sharing a home with a roommate is not necessarily the same as

commercially or independently renting the property to third persons.

However, if the tenant rents the property room by room, no longer resides there, or effectively leaves

the property for other persons to use, this may be regarded as a sublease or transfer of the right of

use.

For this reason, where the tenant intends to have third persons reside permanently in the property,

rent out rooms, or allow another person to use the home, obtaining the landlord’s written consent is

the safest approach.

Daily Rentals and Uses Similar to Airbnb

If a tenant rents the leased home to others on a daily, weekly or other short-term basis, more serious

legal consequences may arise. In such circumstances, the issue may involve not only breach of the

lease agreement but also apartment rules, neighborhood law, security, administrative permits and

legislation governing rentals for tourism purposes.

In particular, short-term rental of residences for tourism purposes may require a separate permit and

compliance with the relevant legislation. If the tenant uses the home for daily rentals without the

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owner’s knowledge and written approval, this may create both a breach of the lease and a risk of

administrative sanctions.

It is therefore highly risky for a tenant to make a leased home available to third persons online or for

short-term accommodation without the necessary consent and legal compliance.

What Can the Landlord Do?

If the tenant has sublet the property without permission, the landlord should first document the

situation. Evidence may include statements from neighbors, building-management records,

screenshots of online listings, messages, payment records, police applications or a notarial

determination where appropriate.

The landlord may send the tenant a written notice concerning the use of the property in breach of the

lease. The notice should clearly require the breach to be remedied, the third-party use to cease, and

state that the agreement may be terminated if the breach continues.

In some circumstances, where the breach is sufficiently serious, the landlord may also pursue

termination of the lease and an eviction action. The landlord’s position may be stronger where the

property is used for daily rentals, the peace of neighbors is disturbed, building security is endangered

or the property is used contrary to the lease agreement.

What Should the Tenant Consider?

A tenant who wants to allow a third person to use the leased home or workplace should first review

the lease agreement. The agreement may expressly prohibit subleasing or transfer of the right of

use.

Even where the agreement contains no express provision, it is not appropriate to establish a

sublease in a residential or roofed workplace lease without the landlord’s written consent. The tenant

should obtain written permission in order to avoid a future risk of eviction.

Arguments such as “the landlord already knew,” “the landlord gave verbal permission,” or “the

landlord never objected” may not always be sufficient. Written evidence is therefore important.

Is the Subtenant Responsible Toward the Landlord?

If the subtenant uses the property contrary to the lease agreement, the original tenant is primarily

responsible because the landlord’s contractual counterparty is the tenant who signed the lease.

However, in certain situations, the landlord may also assert rights against the subtenant or the

person who received the right of use. A subtenant must therefore use the property consistently with

the lease, the intended purpose of the property and neighborhood rules.

Is Unauthorized Subletting a Ground for Eviction?

Subletting without the landlord’s written consent constitutes a breach of the lease agreement. If the

breach is not remedied, or if the way in which the property is used becomes intolerable for the

landlord or neighbors, eviction proceedings may become possible.

Nevertheless, every eviction case is assessed according to its own circumstances. Relevant factors

include how the property is used, whether it was provided to third persons for payment, whether the

landlord consented, the provisions of the lease and the seriousness of the breach.

Accordingly, a landlord who identifies unauthorized subletting should take prompt and legally

appropriate steps. A tenant who receives a notice or an eviction-related proceeding should pay close

attention to the applicable time limits.

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Conclusion

In residential and roofed workplace leases, a tenant cannot rent the property to another person or

transfer the right of use without the landlord’s written permission. Breaching this rule may constitute a

violation of the lease and may lead to legal consequences extending to an eviction action.

Landlords should collect evidence where unauthorized subletting occurs, conduct the written-notice

process correctly and, where necessary, bring an eviction action. Tenants should avoid allowing third

persons to use leased premises without the landlord’s written approval.

Obtaining assistance from a lawyer experienced in lease law is important for avoiding loss of rights in

matters concerning lease agreements, subleases, transfers of the right of use and eviction

procedures.