What are the rights of a subtenant?


Questioner

My daughter has started studying and rents a room in a house where two other students live. Now the other two residents are leaving at the end of this month, and it turns out my daughter is a subtenant for the two students who are leaving. According to the two students, the main tenant was aware of this and turned a blind eye. So the contract is between my daughter and the two tenants (students). Tomorrow, my daughter will have an interview with the main tenant (the owner of the house). What are her rights in this case? Doesn't the contract she has with the other tenants apply to this new situation? Can they just evict her? Going home isn't an option, as it's 200 km from the university. Is it possible to agree on a timeframe for her to find a new room?

Questioner

If the property is self-contained (a property with its own entrance that you can enter without being dependent on outside utilities), the main landlord will automatically continue the sublease with your daughter when the lease between the main landlord and the (sub)landlords (the two students) ends. A condition is that your daughter must have her primary residence there. Therefore, your daughter cannot simply be evicted. Under certain circumstances, the main landlord can request the subdistrict court to terminate the sublease within six months. For example, if your daughter demonstrably has insufficient funds to pay the rent.

Take the next step

Don't keep questions about your situation to yourself. Ask your question and get a personal answer from an experienced lawyer.
Privacy is guaranteed .