Whereas in a lease the tenancy is between the owner (landlord) and the tenant, in a sublease the (sub)tenancy is between the tenant and the subtenant who rents the leased property from him. The difference between a lease and a sublease is therefore that in the case of a lease, the property or part of it is leased from the owner, whereas in the case of a sublease, the property is leased from the tenant (landlord), for which the consent of the owner of the property is required in the case of a legal occupation.<\/p>\n
Subletting<\/strong><\/p>\n Although subletting is no longer common in Hungary, it still exists in certain cases. The existence of the consent of the owner is an important element, in particular because if the tenant sublets the property with the consent of the landlord (owner), the subtenant is liable for the subtenant's conduct as if he were using the property himself. At the same time, if the tenant transfers the use of the property to the subtenant without authorisation, he is liable for any damage that would not have occurred without this, for both unforeseeable and unforeseeable obstacles (force majeure). What does subletting mean in practice? Let's look at an example:<\/p>\n Agnes rents her flat to Eva. They sign a tenancy agreement, which allows Eve to rent \u00c1gnes' flat to another person(s). Eva moves into the flat, and after six months she takes advantage of her contract and rents out a room in \u00c1gnes' flat to Claudia in order to reduce costs. In this situation Claudia becomes the subtenant, Eva the landlord and \u00c1gnes the owner\/landlady.<\/em><\/p><\/blockquote>\n The lease<\/strong><\/p>\n As mentioned above, in the case of a tenancy, the tenancy is established between the landlord (landlord) and the tenant. Let's look at an example of this:<\/p>\n Zolt\u00e1n inherited an apartment, which he cleared out and renovated. He rented out the finished apartment to a young couple, Nora and Peter. Zolt\u00e1n does not live in the property, it is used exclusively by Nora and Peter. Zolt\u00e1n is the owner, while N\u00f3ra and Peter are the tenants.<\/em><\/p><\/blockquote>\n If we as owners want to avoid that our rented property is sublet by our tenant, it is advisable to include this prohibition in the rental contract. As a prudent landlord, we should ensure that the property is not used by anyone other than the tenant as a living accommodation. If you do not have the capacity to check regularly \/ live far away from the rental property, a property manager can help you a lot in this respect and take the burden off your shoulders.<\/p>\n It is worth bearing in mind that both rental and sub-let contracts are only valid in writing! n matters not covered by the rental and subletting contract, the provisions of Act LXXVIII of 1993 on Certain Rules for the Lease and Disposal of Dwellings and Premises (the Housing Act) and Act V of 2013 on the Civil Code (the Civil Code) shall prevail.<\/p>\n Anna Poropatich<\/strong> Have a question? Click and contact us, we will be happy to help!<\/p>","protected":false},"excerpt":{"rendered":" Although the concepts of rent and sublease are often confused in everyday language, in reality we mean different things by sublease in everyday language and in legal terms. We explain the difference between the two concepts.<\/p>","protected":false},"author":1,"featured_media":2960,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2904","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-egyeb"],"yoast_head":"\n
\nIt is important to note that if the owner of the property subsequently becomes aware that a tenant has sublet his property without his consent, he is entitled to terminate the tenancy agreement, which also means the end of the sublease!<\/p>\n
\nThe most important elements of a contract are covered in detail on our blog, but the most important elements include the following:<\/p>\n\n
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\nlawyer<\/em><\/p>\n