In RIGHTS the Kunstenbond, union for artists and everyone who works in the cultural and creative sector, takes a closer look at a legal topic that is essential to the artist's professional practice. This edition takes you into the world of liability. This time, attorney Jet Hootsmans discusses the rules surrounding studio sharing.
For each text in the rechtReeKs series, the Arts Union chooses an appropriate image made by one of its member artists that has no relation to the issues in the article. This time: Marcel Blom, Roetsj! (hbd 50x70x12 cm)
The move from the Arts Union made me realize once again how important a nice workplace is. Already in the first week I noticed the difference. In our old office, my desk was at a large window overlooking the life of the residents across the street. This spot felt almost like a second home. Now I am sitting at a new desk, having to find my feet in a different kind of space and missing my opposite neighbors.
I imagine that what is true for me works even more strongly for many artists. After all, a studio is where ideas come to life. Ideally, even a space that supports you in your creativity, surrounded by materials and traces of the creative process.
But studio space is scarce and expensive. Sharing a studio is therefore a godsend for many artists.
In practice, this involves the tenant subletting part of the studio to a fellow artist. Or the entire studio for certain days. In exchange, the colleague pays a fee to the tenant. This leads to lower expenses and, because you work together in the same space, possibly additional inspiration as a side benefit.
In most cases, you may sublet a space only with the landlord's permission
The key question here, of course, is, is that allowed?
The short answer: no. In most cases, you may sublet a space only with the landlord's permission. Even if subletting seems logical or the janitor thinks it's fine. Workshops usually fall under the legal category of "other business space," in which tenants have little protection. Therefore, a landlord may reject a request to sublet without giving a good reason.
Fortunately, there are exceptions. Some studio buildings or incubators allow you to share your space. Usually this is then stipulated in the rental agreement. Often studio sharing is allowed only temporarily, or the rental must be approved in advance by a committee that assesses whether the subtenant meets the allocation requirements. Still, this provides opportunities for more flexibility.
Some studio buildings or incubators allow you to share your space
The Arts Union sees great benefits in allowing studio parts by default. This is for good reason. It not only makes studio space more affordable, but also ensures that more artists have access to these scarce spaces. It is therefore committed to ensuring that studio sharing opportunities are allowed in as many places as possible.
It's a win-win: artists have more freedom, landlords see their spaces better utilized and it saves time, money and legal difficulties for both parties. Plus, it brings artists together.
Less legal red tape, more room for creativity - just the way it should be.
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