1. Rights and Obligations:
Subletting does not affect the rights and obligations of the tenant and landlord from the original lease agreement.
The tenant remains the debtor of the rent and the landlord retains all his rights against the tenant.
2. Termination of the Lease:
Subletting, despite the prohibition, is considered a misuse of the property.
The landlord may terminate the lease and seek compensation from the tenant.
3. Tenant's Defenses in Case of Termination due to Prohibited Subletting:
a. Oral modification of the term prohibiting subletting is a common defense of the tenant in case of termination.
b. Abusive exercise of the right of termination if it is proven that the landlord created the belief in the tenant that subletting would not be a problem.
4. Protection of the Subtenant:
a. The subtenant is not independently protected against the landlord.
b. In case of termination of the lease, the landlord can claim the rent from both the tenant and the subtenant.
c. The subtenant may turn to the tenant for compensation.
5. In Summary: Subletting without permission can lead to termination of the lease and compensation. The tenant can defend himself if there is a modification of the contract or an abusive exercise of the right by the landlord. The subtenant has no independent protection and bears the risk of any termination.
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