Subtenants without a contract - you have to pay attention to this

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Just take a subtenant into the apartment and then even without a contract? It's not that easy! Make sure that you comply with some formalities, otherwise you not only risk the immediate termination of your landlord.

Subletting is not just a matter of trust.
Subletting is not just a matter of trust.

There are usually economic reasons that should prompt you to take in a subtenant in your rented apartment. You should be aware that you are running a risk in acting without a contract and solely on fairness and a possible current friendship with your subtenant to trust.

Sub-tenants may only move in with the landlord's permission

  • As you know, friendships and good relationships are also put to the test when it comes to money. Make sure the whole thing does not act without a contract.
  • You need to know that accepting a subtenant is subject to the landlord's permission. You must obtain this before you accept the subtenant into your apartment. If you do not do this, the landlord can give you notice without notice. This applies even if you would have been entitled to be granted permission.
  • Conversely, you are entitled to the landlord granting permission to sublet. He may only refuse his consent for important reasons, for example if it is evident that your subtenant will not comply with the house rules. You must also reveal the person of your subtenant to the landlord so that he can get an idea.

A contract avoids many inconsistencies

  • Make sure that you agree precisely with your subtenant which rights and obligations he will assume. Oral agreements without a contract are risky because you cannot prove them in the event of a dispute and you have no plausible basis to justify your claim.
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  • You can make it easy for yourself by doing a short one sublease agreement text and simply agree on the points, the deviations from your own rental contract included with the landlord. In particular, you transfer the obligations from your rental agreement to the sublease agreement. Of course there are also more detailed ones Contract textsthat are designed like a normal rental agreement.
  • In the sublease contract, you have to individually regulate the sublease to be paid by the subtenant, the duration of the sublease contract, any notice periods, participation in the extra costs and other obligations that the subtenant should still assume.
  • Do not be afraid to agree on a kind of trial period during which you can cancel at short notice if you cannot get along with the person of the subtenant.
  • Ask for a deposit and put it in a savings account.
  • If you rent out the premises furnished, draw up an inventory list.

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