Many entrepreneurs who rent a business premises wonder if they can sublet their property (partially). For instance, because they do not fully use the space or want to temporarily generate additional income. But beware: subletting business premises is legally complex and can have major consequences.
The rental law lawyers from Arslan Lawyers explain what subletting is, when it is allowed and what the risks are.
What is subletting?
Subletting means that a tenant (the main tenant) rents the rented business premises to a third party (the subtenant). The main tenant remains contractually responsible towards the landlord, but at the same time has a rental relationship with the subtenant.
When is subletting allowed?
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With the landlord’s permission
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Most rental agreements state that subleasing is prohibited without written permission.
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Without permission, the landlord can terminate the contract.
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Subletting of parts
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Sometimes the landlord allows limited subletting, for example of a part of the space.
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Subletting a 7:290 business space (shop, catering, craft)
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Subletting is often more difficult, as the tenant enjoys rental protection here, and this also applies to the subtenant.
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What are the risks of subletting?
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Termination of the rental contract
If you sublet without permission, the landlord can claim termination. -
Liability
You remain responsible for the rent payments and any damage, even if the subtenant does not pay. -
Difficulties at termination
If your rent ends, the subtenant may claim protection, which can result in legal proceedings.
Examples from practice
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Clothing store in Rotterdam: sublet a part of the store to another entrepreneur without permission. The landlord went to court and the main rental contract was terminated.
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Restaurant in The Hague: wanted to temporarily rent out a part of the kitchen. This was allowed after written permission, provided that there were clear agreements about use and liability.
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Office space in Utrecht: was sublet without permission. When the main tenant went bankrupt, a procedure arose between the landlord and the subtenant about who could stay.
Checklist for entrepreneurs looking to sublet
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📑 Check your rental contract: does it contain a prohibition on subletting?
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✍️ Always ask for written permission from the landlord.
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🧾 Document the agreements with the subtenant in a contract.
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⚖️ Keep in mind the responsibility towards the landlord.
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🚨 Consult a lawyer in case of doubt, especially about 7:290 business space.
Frequently Asked Questions (FAQ)
1. Can I sublet my business premises without permission?
No, in most cases you need permission from the landlord.
2. Does the subtenant have rental protection?
With a 7:290 business space, the subtenant can get rental protection, which can have major consequences.
3. Can the landlord terminate my rental contract due to subletting?
Yes, if you sublet without permission, the landlord can request termination from the court.
4. How can I arrange subletting safely?
Only with written permission from the landlord and a good subletting contract.
Conclusion
Subletting business premises can sometimes seem like a practical solution, but without the landlord’s permission, it is risky. Especially with 7:290 business premises, subletting can lead to complex legal discussions.
The rental law lawyers from Arslan Lawyers advise entrepreneurs on subletting, negotiate with landlords and litigate when necessary.
