Subletting: Legal Rights and Advice

Questioner

Good day, I rent a house myself and plan to sublet part of my house. We share the kitchen and bathroom. And the subtenant brings someone with him. That person becomes the co-resident of the subtenant. Does this person also have the same rights as those of the sublandlord? We do not have a lease with that person. Yours sincerely

Lawyer

As soon as you sublet to anyone, there is a contract and possibly even for an indefinite period. You also need permission from the landlord because you risk termination of the rental contract if this fact is discovered.

Questioner

We have permission from the landlord and a contract will be made. But the contract will be with the subtenant and not with the co-occupant he brings with him. The question is whether this co-occupant has the same rights as the subtenant.

Lawyer

The co-occupant is also a subtenant. A person can be a co-occupant of a main tenant, not of a subtenant. (there is then an agreement between the tenant and a subtenant, make no mistake: the agreement does not have to be in writing!) In any case, co-occupants have hardly any rights.