Permission from the landlord
Tenants seeking to sub lease their apartment to another person must always get authorisation from Solporten. Without authorisation, you may not sub lease your apartment. Application forms are available on our website and you may expect a 2 month turnaround time after we receive the completed application.
House guest or sub lease tenant
You do not need authorisation to have a house guest, or for someone living in with you. You have the right to receive whichever guests you want in the apartment as long as the you are still living in the apartment. You will be responsible for your guests and boarders and normal rules and regulations should be followed. In the case of boarders, you may only charge a proportionate part of the total rent that you pay to the landlord and the combined rent may not exceed the rent you pay to the landlord.
Sometimes it is difficult to differentiate between a boarder and a second-hand tenant. If the apartment is given out to someone along with an independent right of use, it will be considered to be a sub lease or second-hand and so would require permission. Even an apartment sub let without any rent (eg. to a relative) requires Solporten’s authorisation.
Stricter rules for renting out in second hand
From October 1, 2019, new rules will apply to sub letting your apartment in second hand. If you rent out your apartment for a higher rent than what you pay yourself you can forfeit your own lease, and if you fail to get authorisation but go ahead and rent out your apartment for a higher rent it is a criminal offence. The following are important rules that the tenant and second-hand tenant should be aware of:
A second-hand rental, or sub-let, always requires authorisation
- You always need authorisation from the landlord to sub let your apartment to a second hand tenant. If you rent out your apartment without authorisation you risk forfeiting your own lease without warning or getting a chance to retract the mistake.
You may not charge a higher rent than what you pay yourself
- The second-hand rent must not be higher than the tenant’s own rent with an extra 15% for furniture and actual costs like electricity and broadband.
- If you charge your second hand tenant an extra high rent you risk losing the apartment without warning.
- Additionally if you rent out your apartment without permission and for an extra high rent, you risk a fine or imprisonment for a maximum of 2 years.
- Once a second-hand rental has been approved, the tenant may change the population registration address, provided that the lease period is short (about one year).
- The second hand tenant is recommended to register at the apartment which he will rent.