Transfer of the Agreement, Transfer of Possession and Secondary Leasing
The tenant is not allowed to transfer the lease agreement to a third party in the absence of the landlord’s consent. The landlord shall be immediately notified of such transfer. If the tenant is permitted to transfer the agreement, the tenant is released from his/her contractual obligations as of notification of transfer to the landlord. The notice of transfer must be made in writing.
In conjunction with an assignment of business, the tenant is entitled to transfer a lease agreement comprised in such business even in the absence of the landlord’s consent, if the landlord does not have reasonable grounds to object such transfer. The tenant must issue no less than two months prior notice to the landlord of such transfer. If the landlord does not consent to the transfer, the landlord must submit his/her ground’s for refusal for trial by the district court within one month from receipt of the notice. The leasehold will remain in force on same terms during such trial. The right of transfer may also be removed by a provision of the lease agreement.
The tenant may not grant possession or secondary lease of the premises to a third party in the absence of the landlord’s consent. The tenant may, however, sublease the premises. A sublease is an agreement which grants possession of less than one half of the premises to a third party.
The landlord may rescind the lease agreement, if the tenant has granted possession of the premises or transferred the lease agreement to a third party without the landlord’s consent.