· Written by the AxiRent team
What the Civil Code says
A tenant who has the written consent of the family members living with them and of the landlord has the right to sublet the home (art. 6.595(1)). The sublease can be oral or written, for a fixed or an open-ended time, but it cannot run longer than the tenant's own lease (art. 6.595(1)).
The sublease rent is whatever the two sides agree (art. 6.595(2)). The tenant stays responsible to the landlord under the lease (art. 6.595(4)).
Does that cover Airbnb and other short stays?
These articles mention neither platforms nor short stays. In plain terms, a tenant who takes money from guests for nights in the home is letting it out for a fee, and the Code's rule for a tenant letting a rented home to someone else is the sublease rule.
Whether a particular short stay counts as a sublease is for a court to decide in the end, so do not rely on a reading nobody has tested: write the answer into the lease.
What if the guests do not pay?
The tenant and their family may, by agreement among themselves and with advance notice to the landlord, let other people live in the home for a time without a sublease, as long as no fee is charged for using the home (art. 6.596(1)). The tenant answers to the landlord for what those residents do (art. 6.596(2)).
The landlord may refuse to allow temporary residents if it would break sanitary and hygiene requirements, endanger the health and safety of people nearby or harm the landlord's lawful interests (art. 6.596(3)).
What happens when a tenant sublets
When the lease ends, the sublease ends with it. A subtenant who refuses to leave is evicted through a court and is not offered another home (art. 6.597(1)).
A subtenant has no priority right to renew (art. 6.595(3), 6.597(2)). If the sublease has no end date, the tenant must give the subtenant three months' notice (art. 6.595(3)).
What to put in the lease
The Code leaves much to the contract, and a lease can be ended only through a court (art. 6.610), so clear clauses help most. Five things are worth stating.
- Whether subletting is allowed at all, and if so, whether each case needs its own written consent.
- Whether short stays for a fee are allowed, Airbnb and Booking.com included, and how many nights or guests.
- How the tenant reports guests and temporary residents: in writing and in advance.
- That unauthorised subletting is a breach of the lease, and the notice you give.
- That the tenant answers for damage the guests cause.
How AxiRent does this
AxiRent keeps long-term tenants and short-term guests in one system: lease periods and Airbnb, Booking.com and direct bookings sit in one calendar, and a booked night closes everywhere. More on long and short-term rentals in one system.
Sources
- Civil Code of the Republic of Lithuania: articles 6.595, 6.596, 6.597, 6.610 and 6.611 (e-tar.lt, current version, in Lithuanian)
- Lithuanian courts' e-services portal, e.teismas.lt
This is general information, not legal advice. For a specific dispute, talk to a lawyer. The official text of the Civil Code is in Lithuanian.