When a visitor becomes a subtenant
It’s finally time for your long-awaited visitor to spend a few nights with you! But how long is your friend actually allowed to stay with you and when does your visitor become a subtenant according to tenancy law?
Whether it’s a cosy night in with the girls, a barbecue with friends or family members who live abroad and spend the night on your couch – if you’re a passionate host, you’ll occasionally welcome visitors to your home. But what are the boundaries and why do disputes sometimes arise between tenants and landlords when it comes to visitors?
Your right to visitors as a tenant
Social contacts are important. And you’re undeniably allowed to maintain these in your home – without having to obtain your landlord’s consent. As a tenant, you have the right to welcome guests, as visitors are part of everyday life and therefore regarded as normal use of your home. If your management company thinks it should have a say in who you can and cannot invite, it is very much mistaken: you alone decide who is allowed to stay with you, because this falls within the scope of your private life. You may be surprised to learn that there are no rules determining how long a visitor can stay with you. And animals are also regarded as visitors!
Your visitors should follow these rules
However, if you want to avoid getting into arguments with your neighbours or management company, your visitors must follow certain rules.
- House rules: your visitors must follow the applicable house rules.
- Local community: your visitors should avoid disturbing your neighbours.
- Duration: close relatives may stay with you for a period of several weeks. However, you should notify your management company of this. In addition, your rental property should not become overcrowded as a result of their visit.
- Animals: even if your rental agreement prohibits keeping animals, visitors may bring animals into your home. However, if an animal visits your home for an extended period, such as overnight, your management company may impose a visitor ban.
- Use of your home: a rental agreement does not normally allow for commercial use of a rental property. Therefore, you are not allowed to welcome any unauthorised commercial visitors.
- Disadvantages and risks: your management company must not be disadvantaged by your visitors, and your visitors must not pose a risk to the building or your neighbours.
How a visitor becomes a subtenant
In terms of visitors, a lot is allowed. However, you will be deemed to have broken the rules as soon as you demand rent or someone – such as your partner – permanently moves into your home. Then your visitor is considered to be a subtenant. In this case, you should obtain permission from your management company to avoid any unwanted consequences, such as your contract being terminated. If you have a strong case for subletting – such as financial or personal reasons – your management company will have no objections and will give you permission to sublet.
And if you like using the Airbnb platform and want to earn some money, you must obtain your management company’s consent before advertising your home on the website. Because you usually have to provide your management company with information about the anticipated rent.