German law requires the owner`s prior permission for such subletting. Such an authorization cannot, however, be refused inappropriately (Article 540 of the Civil Code). In particular constellations, the landlord cannot refuse such permission, z.B. if the tenant is a member of the tenant`s family. That was not the case here. Subsequently, the tenant`s behaviour violated the tenancy agreement. Under German law, the landlord can terminate the lease without notice in case of unauthorized subletting. Then the tenant must hand over the apartment immediately. But in this case too, German law generally requires a fair warning from the tenant before the termination of the tenancy agreement, so that the tenant can waive a breach of contract. This is due to the harsh effect that a termination of the lease may have on the tenant. As far as subletting is concerned, the principal tenant is still the only party to the main tenancy agreement. In other words, this means that the principal tenant is fully liable to the landlord and may also be held responsible for the actions of the subtenants inside the apartment, such as negligent and intentional property damage, domestic breaches or other breaches of contract.
The principal tenant is even reliable to cover the tenant`s share of the rent if he refuses to pay. If the principal tenant does not seek subletting authorization, he or she may be held liable. It is also a reason for the exceptional termination of the lease. As long as rental income only covers your expenses, there is a good chance that your landlord will give you his consent and authorize the subletting. The risks are greater if you sublet your apartment profitably or rent it out to tourists during the day. This decision is very important because of the popularity of subletting networks such as „AirBnB“ in major cities like Berlin. However, landlords should not be tempted to terminate leases without a fair warning. Without the special circumstances in this case, the court would have required a formal notice or prior termination of the tenant before the termination of the tenancy agreement.
Here you will find a standard contract for a sublease contract: Sublease contract for a WG (Document Word) Here you will find models for the approval of the owner, owner or building management. These are text templates that you can use in an email or letter. Berlin is popular with tourists. They often use the AirBnB website to rent short-term apartments. The tenant of an apartment in Berlin rents his apartment through AirBnB for 12 days to tourists. However, it did not ask for prior permission from its owner. After discovering that the tenant was using the apartment in this way, the landlord terminated the lease without notice or warning. The Tenant submitted that the lessor was either required to grant the authority for the short-term lease or to give him a fair warning before the termination of the tenancy agreement. Subletting is allowed in Germany.
According to paragraphs 540 and 553 BGB, the landlord or land administrator must agree to sublease.