Having a sublease agreement drawn up: costs and process

Having a sublease agreement drafted by a specialized SME lawyer typically costs between 250 and 750 euros, depending on the type of space and the complexity of the triangle between the main landlord, main tenant, and subtenant. For that amount, you are primarily buying the assurance that the sublease remains within the boundaries of the main lease, that the owner's consent has been properly incorporated, and that the subtenant's position is correct at the end of the main lease. It is precisely on these points that things often go wrong when trying to draft it yourself.

The short answer

• Costs: typically 250 to 750 euros for a custom-made sublease agreement.
• What you get: a contract that aligns with the main lease and the owner's permission.
• Process: intake, main lease check, drafting, arranging consent, signing.
• Processing time: often within a week, depending on the main landlord's permission.
• When useful: for business premises, longer terms, or larger interests.

Having a sublease agreement drawn up: what determines the price?

The price depends on how complex the situation is. A short-term sublease of a single room, with a clear main lease and permission already secured, costs less than a long-term sublease of commercial space, service charges, and a dispute regarding the position at the end of the main lease. Most of the costs lie in the research: the lawyer reviews the main lease, checks whether subletting is permitted, and aligns the sublease accordingly.

Roughly count on these bandwidths:

• Simple subletting of living space or a single room: 250 to 400 euros.
• Sublease of commercial space with standard terms: 400 to 600 euros.
• Complex sublease with a long term and tailored terms: 600 to 750 euros or more.

What you get for that amount

The difference between a free template and a custom-drafted sublease agreement lies in the coordination. A legal expert checks whether the main lease contract permits subletting (Article 7:221 of the Dutch Civil Code), ensures that the duration of the sublease fits within the main lease, and drafts the clause regarding the termination of the main lease to suit the type of space. For independent residential premises, the protection of Article 7:269 of the Dutch Civil Code applies; for retail business premises, that of Article 7:306 of the Dutch Civil Code; and for other business premises, the sublease generally terminates simply with the main lease.

In addition, the legal expert pays attention to details that are often missing from templates: the incorporation of the owner's written consent, the allocation of service charges and maintenance, the security deposit, and the treatment of VAT. These points may seem minor, but in the event of a dispute, they determine who is responsible for what.

The process step by step

Having a sublease agreement drawn up usually involves a fixed number of steps:

1. Intake: you provide the details of the main tenant, subtenant, and the space.
2. Main lease check: the legal expert reads the main lease agreement and checks whether subletting is permitted.
3. Permission: where necessary, the written approval of the owner is arranged or requested.
4. Drafting: the legal expert drafts the sublease, tailored to the main lease and the type of space.
5. Review and sign: both parties read through, ask questions, and sign.

The turnaround time is often a week. What causes the most delay is not the drafting itself, but waiting for permission from the main landlord. Therefore, request this as early as possible.

When does it really pay off?

Outsourcing pays off when the stakes are high or the situation is complex. Consider the subletting of business premises, longer lease terms, high rents, or cases where the subtenant's position at the end of the main lease truly matters. In those cases, a few hundred euros do not outweigh the risk of a dissolved main lease or a subtenant successfully invoking legal protection.

An example. An online shop rents a warehouse and wants to sublet half of it to a fellow entrepreneur for three years. The main lease only permits subletting with written permission. The online shop has the sublease drafted, with the lawyer first arranging the owner's permission, aligning the term with the main lease, and stipulating that the sublease ends as soon as the main lease terminates. The costs of 550 euros pale in comparison to the three years of rent at stake.

Honest recommendation

You don't always need a lawyer. If you are briefly subletting a single space to an acquaintance, with the owner's permission already in writing and for a term that falls within the main lease, you can often manage on your own with a good basic agreement. Have a lawyer review the process as soon as it involves commercial premises, longer terms, larger amounts, or when the position at the end of the main lease really matters. The greatest benefit lies not in the contract itself, but in verifying whether the main lease and sublease align. That verification is cheaper than a dispute.

Read more: what is a sublease agreement and drafting a sublease agreement. You can have it arranged immediately via sublease agreement.

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