Sublease agreement

Sublease agreement

A sublease occurs when a tenant or representative of the tenant of a unit (apartment) sublets it in whole or in part to a third party (subtenant). The tenant remains the landlord's official contractual partner and continues to bear all obligations arising from the concluded tenancy agreement - e.g. obligations regarding rent payment and responsibility for any damage. These obligations also apply to damage caused by a subtenant to the rental property.

In principle, tenants can sublet their apartment, but in most cases they need the Approval from your landlord (§§ 540, 553 BGB). This is also agreed in the Immodio tenancy agreement.

A unit can be sublet permanently or temporarily and in whole or in part.

Whole unit vs partial sublease of unit

Tenants have the option to rent a unit either whole or partly sublet:

Entire unit: If the entire unit (apartment) is sublet and the tenant no longer lives there, they will definitely need the consent Landlord. If the tenant sublets an apartment without the necessary approval, he is breaching his contractual obligations and risks the landlord being able to terminate the tenancy. According to Section 573 Paragraph 2 No. 1 BGB, an unauthorized subletting can constitute an important reason for termination by the landlord.

Partial subletting of the unit: If a tenant continues to live in the unit and only sublets one or more rooms, the landlord can obtain permission for this in accordance with Section 553 BGB Paragraph 1 Sentence 1 do not refuse outright if there is a legitimate interest (e.g. financial or personal reasons).

Temporary vs. permanent subletting

• Permanent: The tenant leaves the unit or parts of the unit to a subtenant for a longer period of time or indefinitely.

• Temporary: The tenant rents the unit or parts of the unit only temporarily, e.g. B. for a few months during your own stay abroad.

Subletting to tourists

Important: The unauthorized transfer of the apartment to third parties can be an important reason for a termination without notice by the landlord sein (Section 543 Para. 2 No. 2 BGB).

In particular the Renting to tourists as a holiday apartment does not fall under normal subletting and is inadmissible even if the tenant has a general permission available for subletting.

The Federal Court of Justice (BGH) has decided that a tourist rental differs significantly from a long-term sublease and therefore requires a separate consent of the Landlord's XTAG25QXZ is required

More information about the verdict: BGH, judgment of January 8, 2014 - VIII ZR 210/13

To avoid legal consequences, a tenant should obtain the landlord's express consent before any intended subletting to tourists.