How can I give up some of my space?

How can I give up some of my space?

"I run a business that I'd like to develop in synergy with someone to whom I'd like to transfer part of my space to offer a complementary activity. Can the landlord object to this transaction if I am still responsible for paying the rent?

G, Geneva

Apparently you do not intend to form a partnership with your future colleague to run your respective businesses together, which means that you will have to enter into a sublease agreement with him if you wish to transfer part of your premises to him for consideration.

This is only possible with the consent of your landlord, which must be in writing. However, your landlord can only object in the three cases listed exhaustively by law: if you refuse to inform him of the terms of the sublease or any subsequent changes to them, if the terms of the sublease appear to be unfair compared with those of the main lease, or if the sublease presents major inconveniences for the landlord.

To determine whether your sublet could be considered unfair, you need to compare the sublet rent with the main rent, taking into account any additional services provided, such as cleaning the premises. You should also take into account any restrictions on use that you may impose on your sub-tenant, such as a ban on access to certain parts of the premises. In principle, you should not make any profit from subletting, although a certain amount of tolerance is permitted, particularly in the case of furnished subleases.

Subletting may also appear abusive if it is not of the temporary nature intended by the legislator. If it is intended to be permanent and definitive, the lessor may refuse it, and if he only realises this later, he may terminate the lease.

A significant change in the use for which the property was leased may be refused by the lessor, for example if the clientele targeted by the new business is clearly unpleasant. The profile of your subtenant can also be a major drawback if he or she does not meet the conditions laid down in the main lease, for example if he or she intends to set up a noisy business in a quiet location. This could also be the case if the sub-tenant's business competes with another tenant's or the landlord's business, or if it is illegal or immoral. On the other hand, the long duration of the sublease is not a major drawback as long as it does not exceed the term of the main lease.