Subletting a commercial space
If you would like to conclude a sublease agreement for a commercial space as the main tenant, the lease agreement must allow this or the landlord must expressly consent. You should know a few facts.
In the case of a sublease contract, as the main tenant, you leave the commercial space to a third party for a fee.
The sublease agreement requires the landlord's consent
- Your subtenant does not take over your position as a tenant. There are no contractual relationships between the subtenant and the landlord. There is no change of tenant. Your rights and obligations as the main tenant towards the landlord remain in place.
- Any subletting requires the consent of the landlord. The landlord can give his consent when concluding the rental agreement. Then this has to be in rental contract be expressly formulated.
- So first read your rental agreement. Note that subletting can relate to either part or all of the rental property.
- If you cannot find a permit in the rental agreement, you must ask the landlord for permission on the basis of the circumstances. You need to know that, unlike a residential tenant, you are not entitled to a permit for commercial premises. As a rule, you will then remain contractually bound until the end of your rental agreement.
Subletting for a shop - you should keep that in mind
Subletting can be a good solution if you, as a tenant, have problems yourself. …
Rental of commercial space can be earmarked
- Bear in mind that the landlord may be interested in renting out his commercial space for a specific purpose (shopping arcade with a certain mix of tenants). If your sub-tenant does not meet these requirements, you cannot expect the landlord to agree.
- If your sub-tenant fulfills the requirements, your landlord may, however, be required to give his consent in the absence of a legitimate interest. In some cases, case law grants the main tenant an ordinary right of termination if the landlord refuses permission without the third party having an important reason.
You bear the credit risk
- If your economic situation is bad, the landlord may have a de facto interest in letting you sublet. This secures the rent payment. However, as the main tenant, you bear the risk that the subtenant will be financially able to pay the sublet. If the subtenant does not pay, the landlord can stick to you.
- Note that the landlord can refuse or revoke a given permit if the subtenant wants to change the purpose of the commercial space. Even if the sub-tenant behaves contrary to the contract, the landlord can revoke the permission at any time and also terminate your rental agreement without notice.
- In any case, you should conclude the sublease agreement in writing and include all provisions that are also relevant for your own rental agreement.
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