Can I sublet my apartment even if it is prohibited in the rental contract?
March 13, 2024 | 50,00 EUR | answered by Oliver Hentschel
Dear lawyer,
My name is Ben Krüger and I have a question regarding subletting my apartment. My rental agreement explicitly states that subletting is not allowed without the landlord's approval. However, I have the opportunity to temporarily go abroad for a few months for professional reasons and would like to sublet my apartment during this time to cover the rent.
I am unsure whether I am allowed to do this despite the prohibition in the rental agreement and what consequences I may face. I am worried that the landlord may not accept the subletting and that I may encounter problems as a result.
Can you please advise me on whether I am allowed to sublet my apartment, even though it is explicitly prohibited in the rental agreement? Are there any legal ways to convince the landlord to allow subletting, or should I play it safe and forgo subletting?
I am very grateful for your assistance and advice.
Best regards,
Ben Krüger
Dear Mr. Krüger,
Thank you for your inquiry regarding subletting your apartment. It is understandable that you feel unsure and have concerns about possible consequences if you sublet your apartment, even though it is expressly prohibited in the lease agreement. I will try to help you as comprehensively as possible in this regard.
Generally, subletting an apartment without the landlord's consent is usually not allowed if it is expressly prohibited in the lease agreement. If you still wish to sublet the apartment, you should first and foremost have a discussion with your landlord and request their approval. In some cases, the landlord may be willing to agree to a temporary sublet, especially if there is a valid reason such as a professional stay abroad.
However, if the landlord refuses to give their consent, you do not have a legal basis to sublet the apartment without their approval. Unauthorized subletting can lead to serious consequences, such as the immediate termination of the lease agreement or claims for damages by the landlord.
There are exceptions where subletting may be allowed despite the prohibition in the lease agreement. This may be the case, for example, if the landlord unjustly refuses their consent or if there is a valid interest of the tenant in subletting. In such a situation, you may potentially take legal action and enforce your rights in court. However, this comes with costs and risks and should be carefully considered.
Overall, I advise you to first have a discussion with your landlord and request their approval for subletting. If they react negatively, you should weigh the risks of unauthorized subletting and consider refraining from subletting to avoid potential legal consequences.
I hope this information is helpful to you. If you have any further questions, please feel free to contact me.
Sincerely,
Oliver Hentschel
Attorney at Law
