Yes, commercial subletting is generally permitted
Subletting a commercial lease is permitted by default under the Act of 30 April 1951 on commercial leases, unless the lease contains a clause expressly prohibiting it. The landlord must be notified by registered letter.
The right to sublet is an important tool for commercial tenants who want to optimise their use of leased premises. It allows a tenant to sublet part of the premises to another business, or to sublet the entire space temporarily.
However, the original tenant remains fully responsible towards the landlord for all obligations under the main lease, including rent payment and maintenance.
Conditions and procedure
For a valid commercial subletting, the following conditions must be met:
- No prohibition clause in the main lease (check your contract carefully)
- Written sublease agreement between tenant and subtenant
- Notification to the landlord by registered letter with acknowledgement of receipt
- Same or compatible use of the premises (unless the landlord agrees otherwise)
The sublease cannot exceed the duration of the main lease. If the main lease expires or is terminated, the sublease ends automatically.
| Aspect | Main lease | Sublease |
|---|---|---|
| Parties | Landlord - Tenant | Tenant - Subtenant |
| Duration | 9 years minimum | Cannot exceed main lease |
| Renewal right | Yes (3 x 9 years) | No automatic right |
| Rent | Agreed between landlord and tenant | Agreed between tenant and subtenant |
If the lease contains a clause prohibiting subletting and the tenant sublets anyway, this constitutes a breach of contract. The landlord may seek termination of the lease and claim damages.
Subtenant rights and limitations
The subtenant’s legal position is significantly weaker than that of the main tenant:
- No right to renewal: the subtenant does not benefit from the commercial lease renewal right under the 1951 Act
- No direct relationship with the landlord: the subtenant has no contractual link with the property owner
- Dependent on main lease: if the main lease ends, the sublease terminates automatically
- No eviction indemnity: the subtenant cannot claim the eviction indemnity (1-3 years of rent) that protects the main tenant
The subtenant may, however, negotiate specific protections in the sublease agreement, such as a right of first refusal or compensation clauses.
Regional specifics
Commercial leases are governed by federal law (the Act of 30 April 1951), which applies uniformly across all three regions. There are no regional variations in the rules on subletting commercial leases.
However, certain urban planning regulations may impose restrictions on the use of commercial premises, particularly regarding changes of activity or mixed use. These regulations vary by municipality.
Act of 30 April 1951 on commercial leases, Art. 10 — Text on Justel. Governs subletting of commercial leases.