Especially when there is only one principal tenant in a roommate, the use of sublease or subletting contracts is unavoidable for all other (sub-) tenants. But sometimes the opposite happens and the landlord insists that everyone who moves in is included in the rental agreement as the main tenant – in this case, no sublease contract is required. 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. Here you will find models for permission from the owner, owner or management of the building. These are text templates that you can use in an email or letter. 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. To sublet, permission must be granted by the owner.
At this stage, a general sublease authorization must be distinguished from an individual sublease authorization. The latter is customized and needs to be updated when a new sub-mandate is installed. In addition, there is a legal difference in the rental of the entire apartment or only sharing. If it is only a partial sublease. B the rental of a room to create a roommate, the lessor cannot refuse the sublease if, after the signing of the main lease, there is a legitimate interest in a sublease. The legitimate interest may be of a personal and economic cause, as for example. B: In the event of a dispute, the principal tenant is required to prove that a subletting permit has been issued. Therefore, instead of relying on verbal authorization from your landlord, you should always receive permission to sublet in writing. 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. Here you will find a contract valid for a sublease contract: Subletting contract for a roommate (verbal document) In case of subletting, the main tenant is still the only party in 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. Therefore, when a tenant decides to rent the apartment in whole or in part to third parties, a sublease agreement must be signed with the tenant (s). This decision is very important because of the popularity of subletting networks such as “AirBnB” in major cities like Berlin.