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Subleaseagreement

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SME Lawyers

Do not hastily put this document together yourself — a false sense of security is harmful.
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Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
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Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

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An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

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Final version

You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

Subletting is legally vulnerable because the subtenant is dependent on the main lease agreement. If permission, duration, use, and consequences of the termination of the main lease are not properly regulated, a conflict can quickly arise involving the main tenant, the subtenant, and the landlord

  • For main tenants, subtenants, entrepreneurs, landlords, and real estate parties
  • Attention to main landlord's permission, main lease, rent, deposit, and use
  • Maintenance, service charges, termination, handover, liability, and end of main lease arranged
  • Tailored to living space, office space, commercial space, storage, or temporary subletting

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Choose whether you want to have the document drafted, checked, or modified. Prices and options vary per document.

From 99
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from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

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Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

About us

Our expertise in sublease agreements

Our lawyers and in-house counsel assist main tenants, subtenants, landlords, entrepreneurs, and real estate parties with sublease agreements, lease contracts, consents, commercial premises, residential premises, termination, and handover. We examine the main lease, consent, zoning, rent, service charges, maintenance, termination, end of the main lease, liability, and handover.

Tailor-made solutions for your subletting situation

Subletting residential space, office space, retail space, storage space, or commercial space does not require the same agreements. Therefore, we tailor the sublease agreement to the main lease, permission, type of lease, use, and termination risk.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience in corporate law, real estate, employment law, and contract law
  • Attention to practical operation, risks, and enforceability
  • Fixed rates in advance where possible
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 199.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise in sublease agreements

Our lawyers and in-house counsel assist main tenants, subtenants, landlords, entrepreneurs, and real estate parties with sublease agreements, lease contracts, consents, commercial premises, residential premises, termination, and handover. We examine the main lease, consent, zoning, rent, service charges, maintenance, termination, end of the main lease, liability, and handover.

Tailor-made solutions for your subletting situation

Subletting residential space, office space, retail space, storage space, or commercial space does not require the same agreements. Therefore, we tailor the sublease agreement to the main lease, permission, type of lease, use, and termination risk.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience in corporate law, real estate, employment law, and contract law
  • Attention to practical operation, risks, and enforceability
  • Fixed rates in advance where possible

Reviews (21)

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A lot of time was saved thanks to the efficient intake. The translation of our core values ​​into the code of conduct was incredibly successful. It is clear that they have a passion for entrepreneurship.

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It was clear right from the intake that we were dealing with specialists. The explanation of the tests was very helpful. The service was professional and personal.

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We really appreciated the transparency regarding the costs upfront. The aftercare and the opportunity to ask brief questions were perfectly arranged. A reliable partner that strives for perfection in their documents.

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The contact felt professional and approachable. The feedback we received on our own concept was incredibly insightful and useful. A reliable partner striving for perfection in their documents.

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I was struck by how customer-oriented the initial approach was. It was very pleasant that we could review the drafts digitally and quickly. Our business partners were impressed by the professionalism of the contracts.

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There was immediate room for our own input and ideas. They managed to forge an extremely complex joint venture agreement in a short timeframe. It is clear that they have a passion for entrepreneurship.

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We immediately felt that we were in good hands. It was a relief that our emails were often answered comprehensively within just a few hours. Our customers respond positively to the clear general terms and conditions.

Rana

Clear agreements and a neat delivery. The price-quality ratio was good. These documents will undoubtedly save us a lot of headaches in the future.

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They really thought along with our situation. It was nice that they didn't charge by the hour for a simple extra question. Our customers respond positively to the clear general terms and conditions.

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The start of the collaboration was exceptionally smooth. The language in the contract was modern and clear, without archaic terms. Fantastic value for money for this level of expertise.

Yousra

The intake was not only informative, but we learned a lot right away. Clauses were added that protect us against risks we did not see ourselves. A party that delivers on what it promises on the website.

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We urgently needed a lawyer and were helped immediately. The draft was provided with helpful notes in the margin for clarification. Everything was delivered neatly and on time.

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Practical advice that we could use immediately. The lawyer's empathy and understanding made this a very pleasant collaboration. A reliable partner who strives for perfection in their documents.

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Rachid

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We encountered a complex contractual issue but were helped promptly. We appreciated the honesty when it turned out that a specific request of ours was legally unfeasible. The document was accepted flawlessly by our investors.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

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What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
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  • Legal attention to liability, payment, and termination
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Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
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  • No standard template
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What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The content of your sublease agreement depends on your situation. The questions below will help you choose the right form.

Choice or question Why this matters legally
Do you rent out wholly or partially? In the case of partial subletting, you must describe very clearly which part the subtenant may use and how shared spaces and costs are divided.
Does it concern residential or commercial space? Legal protection differs significantly; more mandatory rules (such as tenant protection) apply to residential premises than to commercial premises.
Has the main landlord given permission? Without permission, you could jeopardize your own tenancy; arrange permission before the sublease commences and record it in writing.
Would you like a fixed or flexible term? A fixed term provides certainty, while flexible termination offers more room; align this with the term of your own main lease agreement.
Do you rent out furnished or unfurnished? In the case of furnished subletting, you document the inventory and its condition, plus agreements regarding wear and tear and replacement.
Clauses and provisions

What elements belong in a sublease agreement?

A sublease agreement logically aligns with your own main lease agreement. The components below ensure that the agreements are complete and enforceable and that misunderstandings with the subtenant and the main landlord are prevented.

Provision Relevant to Legal point of attention
Parties and object Always Name the main tenant, the subtenant, and the exact space being sublet (the whole or part, with address and, if applicable, surface area).
Reference to main lease Always Stipulate that the sublease is derived from the main lease agreement and terminates as soon as the main lease ends; this prevents you from entering into obligations that you cannot fulfill yourself.
Main landlord's permission With virtually every subletting Include a statement that the main landlord has given written permission; without permission, you risk the termination of your own lease.
Rental price and payment Always Determine the rent, payment term, any service charges, and method of payment, plus agreements regarding indexation.
Duration and termination Always Set the start date, duration, and notice period, aligned with your own main lease agreement.
Use and purpose Always Describe what the space may be used for, so that this does not conflict with the purpose specified in the main lease.
Maintenance and condition Recommended Divide minor maintenance, damage, and delivery; record the initial and final condition, optionally with an inspection report.
Liability and surety Recommended Arrange for a security deposit and liability for damages, so that you do not have to bear the costs of the subtenant's shortcomings yourself.
Use in practice

How do you use this document correctly?

A sublease agreement is only effective if you carefully follow the steps regarding consent, signing, and delivery.

Situation What should you do? Point of attention
For signature Check your own main lease agreement and request written permission from the main landlord Many main lease agreements prohibit subletting; without permission, you risk termination of your own lease.
At the entrance Have both parties sign and draw up an inspection report of the condition of the space A documented initial condition prevents disputes regarding damage upon final delivery.
During the term Keep proof of payment and communicate changes in writing You remain personally responsible to the main landlord, so good records protect your position.
Upon termination Inspect the space, settle the security deposit, and confirm the handover in writing This way, you avoid additional payments and disputes regarding the final statement.
Common mistakes

Common mistakes

With subletting, things often go wrong on points that are easy to arrange in advance. The mistakes listed below are the ones you see most often in practice.

Wrong Consequence Better approach
Subletting without permission Termination of your own lease agreement and possible claim for damages Always request written permission from the main landlord in advance and record it.
No written agreement Problems with proof regarding price, duration, and agreements Record all agreements in writing and have both parties sign.
Do not align the term with the main rent You promise the subtenant something that you cannot deliver yourself Link the sublease to the duration of your main lease agreement.
No security deposit or liability arrangement You are personally responsible for damage or rent arrears Agree on a security deposit and explicitly regulate liability.
No intake report at start Discussion regarding damage upon delivery Prepare a dated inspection report at the start, possibly with photos.
Risk profile

What is your situation and what do you pay attention to?

Depending on your role and the type of space, the points of attention vary. Do you recognize your situation below?

Risk profile Example Focus in the document
You are the main tenant You sublet your own rented space to someone else Pay attention to the permission of the main landlord and the fact that you remain personally liable for the main rent.
You sublet business premises You rent out part of your office or premises to another entrepreneur Align the purpose and use with your main lease agreement and arrange for cost allocation and liability.
You sublet living space You rent out (part of) your home through Take into account mandatory tenancy protection for the subtenant and the rules for permitted subletting.
You are a subtenant You rent from a main tenant instead of directly from the owner Check whether the main landlord has given permission and what happens to your position if the main lease ends.
Additional documents

When is this document not enough?

Sometimes you need more than just a sublease agreement. In the situations below, a different or additional document is advisable.

Situation Supplementary document Why
You will work together on a structural basis in a shared space Cooperation Agreement In a joint venture or long-term partnership, you define roles, costs, and profit sharing more broadly than in a lease agreement.
You share confidential business information with the subtenant Confidentiality Agreement When the subtenant gains access to sensitive information, a confidentiality agreement protects your trade secrets.
The subtenant is not paying and you want to collect the arrears Debt collection In the event of payment arrears, debt collection helps you collect the outstanding rent.
Explanation of this document

Drafting a sublease agreement, why?

Not every entrepreneur knows exactly what sublease agreements are, when they are needed, and which risks they must cover. Therefore, we explain below what this document entails, what to look out for, and why customized legal solutions are important.

What is a sublease agreement?
A sublease agreement is the agreement whereby a tenant—the sublessor—rents out part or all of the property he rents to a third party—the subtenant. The sublessor remains liable to the original landlord for the fulfillment of the main lease agreement. The subtenant has no direct contractual relationship with the original landlord. Subletting is subject to restrictions under Dutch tenancy law: for residential property, subletting of independent living space requires the landlord's permission; for commercial property, subletting is also prohibited in principle unless the landlord grants permission or the lease agreement expressly permits subletting. Our lawyers will draft a sublease agreement for you that correctly addresses the permission requirement, correctly establishes the sublease price in relation to the main rent, correctly allocates liability for damage caused by the subtenant, and regulates the termination arrangement upon the termination of the main lease agreement.
When is subletting permitted and when do you need permission?
The consent requirement for subletting varies by type of leased space. For independent living space: subletting of the entire dwelling is in principle prohibited without the landlord's permission pursuant to Article 7:244 of the Dutch Civil Code. Subletting of part of the dwelling — room rental — is permitted if the landlord has not contractually prohibited it. For business premises (7:290): subletting is prohibited without the landlord's permission. If the landlord refuses permission without reasonable grounds, the tenant may request the court to grant permission pursuant to Article 7:307 of the Dutch Civil Code. For business premises (7:230a): the lease agreement determines whether subletting is permitted; in the absence of such a provision, the landlord's permission is required. Your sublease agreement must refer to the landlord's permission — orally or in writing — and preferably attach it as an appendix. Our lawyers will advise you on the consent procedure for your specific situation.
How do you regulate the sublease price in relation to the main rent?
the sublease price may not exceed the rent the sublessor pays to the original landlord—unless the sublessor has added demonstrable value to the leased space, such as renovations or furnishing. For residential property, Article 7:246 of the Dutch Civil Code expressly prohibits charging a sublease price higher than the permitted rent under the rent regulations. For commercial property, there is more contractual freedom, but an excessively high sublease price may lead to the landlord refusing permission. Your sublease agreement must clearly stipulate the sublease price in relation to the main rent and describe service charges and ancillary fees separately. Our lawyers advise you on a sublease price that is permissible and in line with market rates.
How does the sublease agreement end when the main lease agreement ends?
One of the most significant risks of subletting is the situation where the main lease agreement ends —by termination, dissolution, or the expiration of the lease term—after which the subtenant loses their right to the leased property. The subtenant has no contractual relationship with the original landlord and cannot hold them liable for the continuation of the lease. The sublandlord is liable to the subtenant for the damages resulting from the premature termination of the sublease agreement. Your sublease agreement must explicitly stipulate that the sublease agreement terminates at the moment the main lease agreement ends, and that the sublandlord informs the subtenant of this in a timely manner. The notice period for the subtenant must align with the notice period in the main lease agreement. Our lawyers draft a termination arrangement that correctly protects the legal positions of all parties involved.
How does it work at MKBjuristen?
After a brief consultation regarding the leased space, the landlord's permission, and the desired sublease relationship, our lawyers draft a sublease agreement that correctly addresses the consent requirement, accurately establishes the sublease price in relation to the principal rent, clearly allocates liability, and comprehensively regulates the termination arrangements upon the expiration of the principal lease agreement.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
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Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Tailored solutions for each subletting situation

Not every sublease carries the same risks. Therefore, we do not draft generic sublease agreements, but tailor them to the main lease, permission, space, and use.

Living space

Attention to consent, tenant protection, rent, use, maintenance, and termination of the main lease.

Office space

Attention to 230a space, workspaces, service charges, access, internet, and delivery.

Retail space

Focus on 290 business premises, zoning, operation, main lease, and termination.

Storage space

Attention to access, safety, prohibited goods, damage, insurance, and liability.

Shared business space

Attention to house rules, common areas, costs, key management, and nuisance.

Temporary subletting

Attention to end date, extension, consent, delivery, and overlap with main lease.


A sublease agreement primarily serves to prevent the main lease and the sublease from becoming legally separate. Therefore, we examine permission, the main lease, duration, rent, use, service charges, maintenance, termination, end of the main lease, and delivery.

Common mistakes in sublease agreements

With subletting, things often go wrong because parties forget that the sublease remains dependent on the main lease agreement.

  • Entering into a sublease without the permission of the main landlord
  • Failing to check whether the main lease agreement permits subletting
  • Do not link the termination of the main lease to the sublease
  • Do not pass on obligations arising from the main lease to the subtenant
  • Making purpose, use, and house rules insufficiently concrete
  • unclear regulation of service charges, deposit, VAT, and indexation
  • Do not divide maintenance, defects, damage, and access
  • Do not use the initial statement, inspection report, and delivery scheme

Draft your sublease agreement properly and avoid unnecessary problems in the future. Clear agreements prevent disputes regarding permission, rent, use, maintenance, termination, main lease, and handover.

What is a sublease agreement?

An agreement whereby a principal tenant rents out the leased property, in whole or in part, to a subtenant.

Is permission from the main landlord required?

Often yes. Check the main lease agreement and request permission in writing where necessary.

What happens when the main lease ends?

That depends on the type of lease and the agreements. This must be carefully arranged in the sublease agreement.

Is subletting allowed for commercial premises?

Yes, but the sublease must comply with the main lease, the intended use, and any permission from the landlord.

Can MKB Juristen review an existing sublease agreement?

Yes. We check, among other things, permission, main lease, rent, term, usage, service charges, maintenance, termination, and handover.

Contact us

Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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