Subletting for a shop
Subletting can be a good solution if you, as a tenant, have problems yourself. But nothing works without the consent of the landlord. You should know beforehand what your rights are when you contact the landlord.
As a tenant of living space, you have a legal right to sublease from the landlord. The landlord may only deny you this right if he can give you good reasons for doing so.
Commercial tenants have no right to sublet
At a commercial Tenancy you have no legal right to sublease permission from the landlord. It is different if you acted as a commercial sub-tenant and this aspect is the basis of the rental agreement anyway.
- First read your rental contract. The right to sublease may be agreed there individually or as standard. Then you are in luck and can rely on this agreement.
- As a rule, you will find an agreement to the contrary in your rental agreement, according to which you must always ask the landlord for his consent to subletting.
Right of termination if permission is refused
- If the landlord refuses permission, you will be granted jurisdiction regardless of the term of your contract Lease and a possibly agreed extended period of notice a right of termination within the statutory Notice period to. The notice period under commercial leasing law is three months to the end of the quarter.
- If you want to break away from a long-term lease as a tenant and you have to assume that the landlord is one If subletting is critical, you can use the application for approval to conclude the lease at short notice quit.
- However, you have to reckon with the fact that the landlord will give his permission and you will not be able to take this route. After all, if permission is refused, he risks losing you as a valuable tenant.
If you would like to conclude a sublease contract for a commercial space as the main tenant, ...
Don't make semi-silly agreements
If you then want or have to sublet, clarify whether the sublet relates to the entire rental property or only parts of it.
- Bear in mind that as the main tenant you remain a contractual partner of the landlord and therefore also bear the risk of the creditworthiness of your subtenant.
- The permission is only valid for the individual case, so that you have to obtain the permission again and again, unless the permission has been granted in general.
- When choosing a subtenant, keep in mind that the landlord often pursues a specific purpose with the rental, for example having a certain mix of tenants in mind. Your subtenant then has to fit into this mix.
- As the main tenant, you are liable for the misconduct of the subtenant even if subletting is permitted. If this bothers you, the landlord can also terminate you without notice.
This text is a guide. Before signing a lease or negotiating with your landlord, seek legal advice and choose the right strategy.
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