In short: a tenant may not sublet the whole of a home that's their main residence. They may sublet part of it only with your prior written consent, provided the rest stays their main residence. A sublease can never run longer than the main lease. Short-stay letting via Airbnb without your consent is therefore in principle not allowed.

What is subletting?

Your tenant (the main tenant) lets all or part of the home to someone else (the subtenant), who pays rent to them. You have no contract with the subtenant; your tenant stays fully responsible to you.

The rules

• Subletting the whole main residence: in principle forbidden.
• Subletting part, such as a room: only with your written consent, the rest remaining the tenant's main residence.
• Duration: the sublease may not exceed the main lease.
• Information: the tenant must inform the subtenant of their status and the extent of their rights.

Exceptions exist, for example subletting to approved social organisations. Details differ by region.

What to put in the lease

1. That subletting and short-stay letting (Airbnb and similar) aren't allowed without your prior written consent.
2. That, if subletting is allowed, the tenant tells you the subtenant's identity.
3. That the tenant remains liable for damage and for paying the rent.

What if your tenant sublets anyway?

Subletting without consent is a breach by the tenant. Ask in writing for it to stop first. If it continues, you can ask the justice of the peace to terminate the lease and, where relevant, award damages.

Every agreement with the lease

In ImmoDesk you keep the lease, any written consent and all messages with your tenant together, so arrangements about subletting aren't disputed later. Try ImmoDesk free for 7 days, no credit card required.

General information valid in 2026, not legal advice. Rules differ by region. Check your situation with a lawyer.