Pass on the rental agreement to the subtenant.
July 18, 2009 | 35,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Madam, dear Sir,
I am the landlord of a property that is rented to a main tenant, who in turn sublets parts of it.
Due to the main tenant moving out, we would like to transfer the contract, without termination, to a subtenant. The subtenant would then assume all rights and obligations from the contract. In particular, if the contract is terminated, he would also assume the obligations that have arisen from the previous term of the contract.
This would have the advantage for the subtenants of not having to renovate now, and it would save me from having to draft a new contract.
Is such a change in the contract legally permissible? Are there any relevant rulings on this matter?
Thank you for your response and best regards!
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions as follows, taking into account your input and the description of your situation:
The variant you have proposed is legally feasible without any issues.
There is no need to refer to case law, as the design variant you desire is already possible within the framework of general contract freedom.
For example, you could enter into a termination agreement with the main tenant to end the contractual relationship with them, and simultaneously enter into a contract with the subtenant in which they take over the rental agreement under the existing conditions, thus assuming all rights and obligations of the main tenant.
Of course, all of this should be documented in writing or regulated, and then there should be no obstacle to the legal succession of the former subtenant into the main lease agreement.
I hope I have provided you with an initial legal orientation and wish you success and all the best!
Lastly, I would like to point out the following:
The legal information I have provided is based solely on the facts you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful. Please feel free to contact me through the follow-up option on this platform or via my email address.
I wish you a pleasant Saturday evening and a great weekend!
Best regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
