Subletting during a stay abroad: What tenants should know
You are abroad for a few months, whether for an internship, a semester of study or a professional assignment, and would like to sublet your apartment to avoid high rental costs. But the landlord does not agree. What do you do now?
Subletting generally only with permission
If the landlord does not agree to the subletting, the tenant may not sublet the apartment in accordance with Section 540 BGB. A violation can lead to a warning and, in the worst case, termination of the tenancy. However, there are also exceptions where the tenant may sublet without the landlord's express consent if he can prove a “legitimate interest”.
Exception for special interest
According to Section 553 BGB, the tenant is entitled to sublet if he has a legitimate interest in subletting and demonstrates this to the landlord. This includes, for example, the intention to leave the apartment temporarily empty and thereby avoid financial disadvantages, e.g. in the event of a professional absence for a longer period of time. If the landlord refuses consent to sublet without good reason, the tenant may be able to sue for consent, but legal advice should be sought at an early stage to avoid unnecessary conflicts.