Many entrepreneurs who rent commercial space wonder whether they can (partially) sublet their property. For example, because they do not fully use the space or because they want to temporarily generate extra income. But beware: subletting of commercial space is legally complex and can have major consequences.
The tenancy law lawyers of Arslan Lawyers explain what subletting is, when this is permitted and what the risks are.
What is subletting?
Subletting means that a tenant (the main tenant) rents the rented business space to a third party (the subtenant). The main tenant remains contractually responsible to the landlord, but at the same time enters into a rental relationship with the subtenant.
When is subletting permitted?
With the landlord's permission
Most lease agreements state that subletting is prohibited without written permission.
Without permission, the landlord can terminate the contract dissolution.
Subletting of parts
Sometimes the landlord allows limited subletting, for example of part of the space.
For 7:290 commercial space (shop, catering, crafts)
Subletting is often more difficult, because the tenant is tenant protection and this affects the subtenant.
What are the risks of subletting?
Dissolution of the rental contract
If you sublet without permission, the landlord can demand termination.Liability
You remain responsible for rental payments and damage, even if the subtenant does not pay.Difficulties with termination
If your lease ends, the subtenant can claim protection, which may result in legal proceedings.
Practical examples
Clothes store in Rotterdam: rented out part of the store to another entrepreneur without permission. The landlord went to court and the main lease was terminated.
Restaurant in The Hague: wanted to temporarily rent out part of the kitchen. This was allowed after written permission, provided there were clear agreements about use and liability.
Office space in Utrecht: was sublet without permission. When the main tenant went bankrupt, a procedure arose between the landlord and the subtenant about who could stay.
Checklist for entrepreneurs when subletting
📑 Check your rental contract: does it contain a ban on subletting?
✍️ Always request written permission from the landlord.
🧾 Record the agreements with the subtenant in a contract.
⚖️ Take into account liability towards the landlord.
🚨 If in doubt, consult a lawyer, especially with 7:290 commercial space.
Frequently asked questions (FAQ)
1. Can I sublet my business premises without permission?
No, in most cases you need permission from the landlord.
2. Does the subtenant have rental protection?
With 7:290 commercial space, the subtenant can receive rental protection, which can have major consequences.
3. Can the landlord terminate my tenancy by subletting?
Yes, if you sublet without permission, the landlord can request termination from the court.
4. How can I arrange subletting safely?
Only with written permission from the landlord and a good subletting contract.
Conclusion
Subletting business space sometimes seems like a practical solution, but without permission from the landlord it is risky. Particularly in the case of 7:290 commercial space, subletting can lead to complex legal discussions.
The tenancy law lawyers of Arslan Lawyers advise entrepreneurs on subletting, negotiate with landlords and litigate when necessary.