Report subtenants retrospectively?
If, as the main tenant, you sublet part of your apartment and subsequently report the subtenant, you may have a problem. In principle, the landlord can terminate you without notice because you are using the rental property contrary to the contract. So you should know the legal realities.
The relevant regulation is § 553 BGB. There the law regulates the “permission of the transfer of use to third parties”. First read your rental contract. The subject of "subletting" is often formulated there.
Admission of a subtenant changes the lease
- Assume that your rights and obligations are set out in the rental agreement. In particular, it is agreed there who is allowed to inhabit the rental property. The tenants are regularly identified by name. If you would like to take in another person in your apartment, change the rental agreement unilaterally. Changes to the rental agreement are only possible with the consent of your landlord as your contractual partner.
- In this sense, you may only sublet if you have agreed your sublet request with the landlord in advance. Accordingly, you behave contrary to the contract if you subsequently report the subtenant. Your landlord can actually terminate you without notice because you are using the rental property contrary to the contract. You are not allowed to force a subtenant on him.
Your interest must have arisen afterwards
- The prerequisite for subletting is that you have a legitimate interest. It is important that this legitimate interest only arose after the main lease was signed. If it already existed before the lease was signed, it does not count as a legitimate interest. You then behave in a bad faith.
- If you only take your new spouse or your child into the apartment, it is considered to be dependent use of the rental property. You then act within the scope of your contractual use of the apartment. Legally, it is not a matter of subletting. Then it is sufficient if you inform the landlord.
- Every other person is a subtenant. This also includes the life partner. If you seriously want to move in with him, his move will be recognized as a legitimate interest. Economic interests can also be considered as legitimate interests if you are paying your rent want to make sure. The same applies if you are often absent due to work and do not want to leave the apartment empty.
- If there is a legitimate interest, the landlord is again obliged to give his consent to subletting. You can also sue for this consent if necessary.
If you would like to conclude a sublease contract for a commercial space as the main tenant, ...
Report the subtenant before signing the contract
- If you subsequently report the sub-tenant and cannot present a legitimate interest, the landlord can demand that you refrain from using the rental property in violation of the contract and that you return the subtenant to the door set.
- In addition, the landlord may terminate you without notice. One termination is only out of the question if the landlord would have to give his consent anyway due to your legitimate interest.
- If the landlord then justifiably refuses to give their consent, you are liable to pay damages to your subtenant. You will then not be able to fulfill the sublease contract while the subtenant is on the fulfillment of the contract or Compensation can exist.
So if you report the subtenant retrospectively, you are going for a considerable one that is hardly calculable for you risk a.
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