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Concluding a rental or a subletting agreement

Tenancy law governs the rights and obligations of tenants and landlords. By signing a rental agreement, you agree to comply with the provisions of tenancy law.

A rental agreement does not have to take any particular form. It could even be concluded orally. In most cases, however, standard rental agreement forms are used.

The major elements of a rental agreement:

  • Leasing parties: The rental agreement specifies the identity of the landlords and the tenant. It is only the person who signs the agreement as the tenant, who becomes the tenant with all the rights and obligations.
  • Leased property: The property that the landlord allows the tenant to use is defined, including premises such as the attic, cellar, laundry room, etc.
  • Term of lease: Rental agreements may be limited or open-ended. Most are open-ended. In this case, both parties may give notice of termination subject to rules and deadlines.
  • Rent and additional charges: The monthly rent and what it includes (net rent plus additional charges) are generally stated. If additional charges are not mentioned in the contract, it may be assumed they are included in the rent.
  • Rental deposit: Rental deposit (also referred to as security deposit) is only required when expressly agreed in the rental agreement. It is paid into a rental deposit account and serves as security for the landlord. The amount of the security deposit paid by the tenant is indicated in the contract (for residential units, a maximum of three months’ rent).
  • An apartment may be sublet subject to the landlord’s approval.

Model contract

Subletting: Model contract