You rented a flat for the whole year but you’d like to leave for a month or two to visit your folks in your country and then come back. You think to yourself: it doesn’t make much sense to pay for the flat you’re not using, logical, right? So you decide to sublet. The question is: can you actually do that?
Check your lease agreement
Before you take any action please check your contract for any paragraphs about subletting the flat. If your lease agreement involves a statement that only you (and perhaps your flatmates that started renting the flat at the same time) are allowed to live in the apartment it means you cannot sublet it to anyone else. Also, if the contract indicates the tenants by their names and / or states how many people are supposed to live in the flat – you cannot sublet it.
If there is no such statement in the contract remember to check with your landlord – they might agree to your idea (especially if they understand your situation). Just make sure you’ve obtained their approval in writing.
Termination of the agreement
Yes, subletting or “lending” a flat to someone against the contract or without a formal approval of a landlord may result in termination of the agreement – according to the Act on the Protection of Tenants’ Rights
It cannot be an immediate termination though, you will have a month to move out.
If you found yourself in such situation and your landlord does not want to return the deposit saying that this is to cover the costs of additional people living in the flat – don’t worry. They don’t have the right to do it, because it’s not what the deposit is for.