Home Exchange Legal Advice - Legal Advice

Questioner

We want to do a house swap. However, our landlord does not agree. Is this allowed? And what steps can we take to still go ahead with the swap?

Lawyer

If the rental agreement is an obstacle to this, the landlord may certainly object.

Lawyer

Home exchange is regulated by law and cannot be deviated from to the detriment of the tenant. First of all, there must be an agreement between you and the person you are exchanging with. This agreement is not bound by specific regulations. The landlord must then be asked for permission. If permission is given, the exchange is complete. If the landlord (or one of the landlords) does not give permission, the tenant can request authorisation from the subdistrict court. The subdistrict court must then assess whether the tenant actually has a weighty interest in the exchange. There must therefore be very good reasons for exchanging. In addition, the judge must reject the exchange if the proposed tenant is 'not good for the money' or if there are doubts about the correct fulfilment of the agreement. The judge can also attach conditions to the authorisation. So it depends on the case whether or not an exchange is possible. I am not familiar with the specific facts. It might be useful to go to a local lawyer with those facts to see if you have a chance of success. Good luck!