For many tenants, subletting becomes an attractive option to reduce costs or generate additional income. But the path to legal subletting is paved with legal pitfalls, which range from landlord approval to tax obligations.
Permission is mandatory – but there is a legal claim
If you want to sublet your apartment in whole or in part, you generally have to obtain the permission of your landlord. This clearly regulates Section 540 (1) of the Civil Code: The tenant may not leave the use of the rental property to a third party without the landlord’s consent. In the event of violating, even termination without notice threatens according to § 543 BGB.
However, tenants are entitled to the permission to partially subletting. Such an interest exists if there are financial or personal reasons – for example if the apartment has become too expensive alone or you want to move in with your partner, as can be seen from FOCUS.de’s report. The Federal Court of Justice confirmed in 2014 that landlords cannot oppose justified interests if, for example, travel and housing costs are to be saved (judgment VIII ZR 349/13).
If the landlord is allowed to say “no”
Despite the basic claim, landlords can refuse subletting under certain circumstances. According to § 553 BGB, rejection is possible if there is an important reason in the person of the third party, the living space would be excessively proven or the landlord cannot be expected to provide the landlord for other reasons.
Specifically, this means that if there is a reasonable suspicion of trespassing, if there is less than 8-10 square meters per person or in the event of purposeful use, the landlord can insert his veto, as the ARAG experts explain. It is important that if the apartment is completely sublanted, there is generally no entitlement to permission.
Liability and costs remain with the main tenant
As the main tenant, you bear the full responsibility for all damage caused by sub -tenants. Even if the sub -tenant does not pay the rent or causes damage, the main tenant remains a duty to its landlord. As is emphasized in an Allianz contribution, written subordinate contracts should therefore be concluded and deposits of up to three net rents are agreed.
In the case of operating costs, main tenants have various options: an inclusive rent significantly simplifies the billing, but carries the risk of additional costs with high consumption. Alternatively, additional costs can be agreed, which may be adjusted if necessary.
Special rules for short -term rental
The rental of tourists via platforms such as Airbnb is subject to special provisions. The Federal Court of Justice already made it clear in 2014 that the landlord’s separate permission is required for this. In addition, in many cities, a ban on misuse work that require official approval.
Taxed, occasional rental companies benefit from an exemption limit: up to 520 euros annually can be taken through temporary subletting without having to be taxed, as can be seen from the ARAG information. With permanent subletting, the limit is 410 euros per year.
Submission can be a sensible solution for financial relief or better use of living space. However, careful preparation is crucial: from the timely landlord request to detailed contracts to observing tax obligations. Those who take these aspects into account can benefit from the advantages of subletting without taking legal risks.
D.maier / editorial finance.net
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