§ 160

The tenant may not sublet without the spouse's consent if this would result in the rented property no longer serving as a joint residence or as a basis for the spouses' or the other spouse's business. If the other spouse is incapacitated, the guardian provides the consent.

Stk. 2.If the other spouse refuses to give consent under subsection 1, or if consent cannot be obtained within a reasonable time, subletting may be permitted upon request from the spouse renting the dwelling or from the other party to the agreement, if there is no reasonable ground to refuse to carry out the agreement. Permission under the first sentence is granted by the Family Court.

Stk. 3.If a spouse has entered into an agreement covered by subsection 1 without the consent of the other spouse and without permission under subsection 2, the agreement may be annulled upon request from the other spouse by a court. However, this does not apply if the other party to the sublease agreement proves that they did not know or should not have known that the spouse was not entitled to enter into the sublease agreement.

Stk. 4.A lawsuit for annulment under subsection 3 must be filed within 3 months after the other spouse became aware of the agreement, but no later than 1 year after the agreement was executed.