MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
Subletting a rented office space (partially) is not permitted without further ado. The lease agreement often prohibits subletting or stipulates the landlord's permission as a condition. If you do so without permission, you risk fines or even the termination of your own lease agreement.
When does subletting occur?
If, as a tenant, you rent out part of your office space to another entrepreneur — from a single workstation to entire floors — this constitutes subletting. If you own the building yourself, this does not apply, but if you rent, the rules and agreements regarding subletting apply.
Landlord's permission
Whether subletting is permitted depends primarily on your lease agreement. Many commercial lease agreements prohibit subletting or only allow it with the landlord's prior written consent. Therefore, read your contract carefully and request permission where necessary, preferably in writing.
The risks of subletting without permission
If you sublet without the required permission, you are breaching your lease agreement. This can lead to a contractual penalty, damage claims, and in the worst-case scenario, termination of your lease agreement, causing you to lose your own space. The alleged profit rarely outweighs this.
Arrange the sublease properly
If it is permitted, carefully document the sublease in a sublease agreement: rent, duration, use, termination, and liability. Bear in mind that you remain responsible to your landlord for the actions of the subtenant.
Frequently Asked Questions
Am I allowed to sublet my rented office?
Only if your tenancy agreement allows it or the landlord gives permission. Many contracts prohibit subletting or require permission.
What are the risks of subletting without permission?
A fine, damage claims, and in the extreme case, termination of your own lease agreement.
Do I remain responsible to my landlord?
Yes, in principle, you as the main tenant remain responsible for the use by the subtenant.
Arrange subletting properly?
Our legal experts review your lease agreement and draft a sublease agreement. View our tenancy lawteam, have your lease agreement checked, or schedule a free consultation.
