Can I sublet my apartment if my landlord does not allow it?
January 7, 2024 | 40,00 EUR | answered by Anna Fuchs
Dear lawyer,
my name is Max Ullmann and I am contacting you with a question regarding the subletting of my apartment.
The situation is as follows: I am a tenant of an apartment and my lease states that I am not allowed to sublet the apartment. However, I have found myself in a financial hardship and am considering whether it is possible to sublet the apartment in order to cover the rent.
Currently, I am having difficulties paying the rent by myself and am therefore looking for alternative solutions.
My concern is that I could face problems with my landlord if I sublet the apartment and may even be evicted.
So my question to you is: Are there any ways to sublet my apartment despite the prohibition in the lease, without having to fear legal consequences? Are there any exceptions that could apply in such cases or steps that I can take to carry out my plan legally?
Thank you in advance for your help.
Sincerely,
Max Ullmann
Dear Mr. Ullmann,
Thank you for your inquiry regarding subletting your apartment despite the prohibition in the lease agreement. I understand that you are in a financial emergency and are looking for solutions to cover the rent. It is important that you inform yourself in a timely manner in order to avoid legal consequences in this situation.
In principle, a subletting prohibition in the lease agreement is binding and you must adhere to it. Subletting without the landlord's consent can lead to legal consequences, such as a warning or even termination of the tenancy. Therefore, it is advisable to first talk to your landlord about your financial situation and request permission for subletting.
However, there are certain exceptions that may allow subletting despite the prohibition in the lease agreement. An important reason for subletting could be, for example, a temporary absence due to work, such as a longer stay abroad. In such cases, under certain conditions, subletting may be legally permissible.
So, if you are in a financial emergency, you should talk to your landlord about your situation and request an exception for subletting. It is important to document all steps in writing and, if necessary, draft an addendum to the lease agreement outlining the conditions of subletting.
It is advisable to inform yourself in a timely manner about your rights and obligations as a tenant and, if necessary, seek professional legal advice. A lawyer can help you clarify your situation and inform you about the legal options to implement your plan legally.
I hope this information is helpful to you and wish you success in resolving your situation.
Sincerely,
Anna Fuchs
Lawyer
