Subletting and transferring tenancy rights
Subletting refers to a situation where the tenant rents his or her apartment entirely to another private individual. Here the tenancy relationship between the tenant and VAV is called the main tenancy and the tenancy relationship between the tenant and his or her own tenant is referred to as the sub-tenancy.
Subletting always requires the written permission of the landlord and the landlord may decline to give permission if desired. It is important that the tenant remembers that regardless of subletting, he or she is always personally responsible for the obligations towards VAV in accordance with the original tenancy (paying rent, maintaining the apartment). If, for example a sub-tenant fails to pay rent to the main tenant, the main tenant is still obliged to pay his or her own rent in accordance with the tenancy agreement entered into between the tenant and VAV. Correspondingly, VAV may demand the cancellation of the main tenancy agreement if the behaviour of the sub-tenant causes unreasonable disturbance in the apartment or if a sub-tenant fails to take proper care of the apartment. The main tenant is also always personally liable for any damage caused to the apartment by the sub-tenant.
If the main tenant has been granted permission to sublet, he or she must always inform VAV of the sub-tenancy agreement entered into and its terms. The rent which a sub-tenant is charged may never be higher than that agreed in the tenancy agreement between VAV and the main tenant. If the sub-tenancy ends due to cancellation or notice being given, the main tenant must notify VAV immediately.
Transfer of tenancy rights
When moving out, the tenant may transfer tenancy rights to the apartment to a family member registered at the same apartment. In transferring tenancy rights, the tenant terminates his or her own tenancy and a new tenancy agreement is entered into in the name of the family member. In this context, a family member refers to the tenant’s spouse, parents and children or the spouse’s parents. The tenancy may not be transferred to any other relative. Also, the tenancy may not be transferred in cases where the family member is not registered at the apartment or where the tenant himself or herself is not moving out. In the event of death, the estate may be able to transfer the tenancy rights to the apartment to a family member registered at the apartment. When tenancy rights are transferred, VAV is always to be informed in writing before the tenancy to the apartment is terminated. VAV will then inform the tenant of whether it is possible to transfer the tenancy.