Montag, 13.05.2024
Do I have the right to sublet my rented apartment?
Overview of the legal framework
from
Lars Christian NerbelLawyer
Specialist lawyer for construction and architectural law
Specialist lawyer for tenancy and property law
Give me a call: 0228 - 972 798 203
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In his informative article, Lars Christian Nerbel, a specialist lawyer in tenancy and residential property law at caspers mock Rechtsanwälte in Bonn, provides guidance on the legal situation regarding the right to sublet a flat. The legal tip focuses on educating tenants about their rights, particularly with regard to the differences between subletting part of the apartment versus the entire apartment.
- Right to sublet: According to § 553 BGB, a tenant has the right to sublet part of his apartment if he can demonstrate a legitimate interest. The main tenant must leave personal belongings in the apartment and not give up custody completely, which means that they must keep at least one key.
- Information for the landlord: The tenant must provide the landlord with the name, address and information on the income situation of the subtenant in order to create a basis for deciding whether to consent to the subletting. However, the requirements must not be exaggerated, since it is a matter of subletting and not a new main tenancy.
- BGH ruling on one-room flats: The Federal Court of Justice (BGH) has ruled that tenants of one-room flats are also entitled to sublet, provided they meet the necessary requirements. This includes the option of subletting part of the living space and being treated the same as tenants of larger apartments in legal terms.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.