BGH supports tenant: Apartment may be partially sublet
In principle, a tenant may sublet parts of their apartment in order to reduce their rental costs. The Federal Court of Justice (BGH) in Karlsruhe confirmed in a ruling published on Tuesday that this is to be considered a legitimate interest and is therefore permissible. It is also irrelevant whether the tenant uses the apartment as their main or secondary residence, according to the Senate.
In the case in question, a man had continued to use a three-bedroom apartment in Berlin for professional reasons after moving into a semi-detached house with his family. Some time later, he asked the landlord of the Berlin apartment to allow him to sublet two of the three rooms for an unlimited period of time. The landlord initially allowed this for a limited period and later refused to allow subletting altogether. The tenant then took the matter to court and has now been proven right by the BGH. The Berlin Regional Court must now hear the case again. (Ref.: VIII ZR 88/22)
Despite the tenant's primary residence shift, the landlord's initial permission to sublet two rooms in Berlin was justified by the tenant's financial considerations, demonstrating the lasting impact of permissible judgments on living expenses and consumer habits. The BGH's ruling encourages landlords to review their policies on subletting, ensuring fairness and accommodating changes in the needs of their consumers.
Source: www.dpa.com
