In general, subleasing without the consent of the landlord is prohibited. The lease provisions in the Civil Code state that "the lessee shall not sublease the leased object without the consent of the lessor." This is to clarify where the responsibility lies. Suppose you casually allow a friend to stay in your apartment. If a fire or water leak should occur in your absence, who is responsible? All responsibility must be borne by the lessee who signed the contract. The approval of the landlord is also required if a family member or friend wants to move in with you while the contract is still in effect.

The provisions of the Civil Code also state that "If a lessee permits a third party to use or benefit from the leased object without the consent of the lessor, the lessor may cancel the contract." This means that the landlord has the right to cancel the contract when there is a breach of trust as a result of the lessee subletting the apartment without the approval of the landlord. Even if there is another year remaining before the contract term expires, the landlord has the right to cancel the contract and the lessee must accept it.

What if I want to move out six months before the expiry of the contract term and transfer the lease to a friend?

You will still have to obtain the consent of the landlord. Problems are more likely to occur at the point when the security deposit is refunded when the apartment is vacated at the end of the contract. Essentially, the name on the contract must be changed and your friend may be required to present proof of income or a guarantor, just like when signing a new contract.

The same is true with subletting office or retail space. You might think about subletting the extra space in an office or store that you rent in order to earn rental profits or ease the burden of renting by sharing the office. You must keep in mind the approval of the owner (the lessor) is required in these cases as well.