questions and answers
There are various reasons why tenants want to sublet their premises. Be it that the child moves out, the roommate starts a semester abroad or the rent alone is simply no longer affordable. If you have an empty room, it makes sense to sublet it. However, there are a few things to consider in order to protect yourself legally.
When is subletting allowed?
First of all, tenants are not entitled to offer individual rooms or even the entire apartment for subletting if they have not obtained the landlord’s prior consent. It is advisable to have the permission confirmed in writing, so that you are covered in the event of a dispute. In addition, you should be able to show reasonable reasons for the sublease in order to give the project justification. For example, it can be shown that the apartment is becoming too expensive for the tenant simply because of recent circumstances. However, it is important that the reason given arose after the conclusion of the rental agreement. In any case, the tenant must inform the landlord of the reason.
Is it allowed to sublet the entire apartment?
In principle, the tenant has no right to sublet the entire apartment. However, it is possible to ask the landlord to do so. The latter can then give in to the request or oppose it at their own discretion. In the case of partial subletting, the legal situation is different. Here the landlord must agree if the tenant can present a legitimate reason why subletting is absolutely necessary for him.
When can the landlord refuse?
A landlord may refuse to sublet only if there are serious reasons. This can be the case, for example, if the subtenant has attracted negative attention in the past by disturbing the peace or has committed a criminal offence. However, the landlord may also refuse subletting if an apartment would be overly occupied as a result.
Which formal things have to be considered?
If the landlord has agreed to the tenant’s request for subletting, he needs the most important information about the subtenant before moving in. This means that he must be informed in writing who will occupy his apartment and when. In addition, information about the last place of residence and current employment must also be included in the document. Personal information, such as a declaration of income, does not have to be given to the landlord.
Which contract must be concluded?
There is no contractual obligation between the landlord and the subtenant, but the tenant must regulate the tenancy with his subtenant and draw up a contract. This should include which rooms the subtenant will occupy alone and which will be used jointly. The exact amount of the rent and all ancillary costs must also be listed in the contract. However, sublease agreements are not normal rental agreements, because the tenant can terminate the subtenant at any time – without giving a reason. However, the normal notice periods apply.
What happens in the event of an unsolicited sublease?
Should a tenant sublet premises without the consent of their landlord, they risk losing their home. The tenant must expect termination as he is not legally authorized to offer the apartment for subletting without the express permission of the landlord.
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