BGH supports tenant: Apartment may be partially sublet

Tenants Can Partially Sublet Their Apartments, Says BGH

In a recent ruling, the Federal Court of Justice (BGH) in Karlsruhe has given tenants the green light to sublet parts of their apartments to reduce their rental costs. The decision, which disregards whether the tenant uses the apartment as their primary or secondary residence, has been welcomed as a legitimate interest and is therefore permissible.

The case at hand involved a man who continued to use a three-bedroom apartment in Berlin for professional reasons after moving into a semi-detached house with his family. He sought permission from the landlord of the Berlin apartment to sublet two of the three rooms for an unlimited period of time. Initially, the landlord allowed this for a limited period, but later refused to permit subletting altogether. The tenant then took the matter to court and was vindicated by the BGH. The Berlin Regional Court must now reassess the case (Ref.: VIII ZR 88/22).

The BGH's ruling emphasizes the significance of allowing tenants to sublet based on their financial situations. It encourages landlords to be more open-minded when it comes to subletting policies, ensuring fairness and adapting to their tenants' evolving needs.

Understanding the Landlord-Tenant Relationship

While the BGH judgment does not directly tackle the specifics of tenant subletting, German law generally upholds tenants' rights to sublease their apartments under certain conditions. Some key points include:

1. Landlord Consent: Tenants typically need the landlord's consent to sublet their apartment. If the lease agreement does not expressly forbid subletting, the tenant may assume it is allowed unless the landlord explicitly declines approval[2].
2. Notice Period: If a tenant intends to sublet, they should inform the landlord accordingly. The appropriate notice period might vary depending on the rental contract's stipulations and local regulations[2].
3. Lease Termination: If the landlord increases the rent, the tenant may terminate the lease agreement, possibly affecting their ability to sublet. However, this relates more to the tenant's right to terminate than specific subletting rules[2].
4. Health Concerns: Should health hazards, like mold or dilapidation, arise, the tenant may not need to provide notice to terminate the contract, which could impact their ability to sublet[2].

In conclusion, while the BGH did not directly address tenant subletting in the provided sources, German law generally requires tenants to secure permission from their landlords to sublet and may incorporate specific notice periods and regulations based on the rental contract and local regulations.