The main tenant may terminate the subtenant if necessary
Tenant's fear of eviction due to their landlord's need for the property is common. What many don't know is that tenants also have this right - when they sublet.
The owner of a rented apartment can terminate the tenancy if they need the living space themselves, for example, if they or family members want to move in. This reason for termination, known as "need for self-use," is likely familiar to many. However, did you know that main tenants also have this right with regard to their subtenants? The magazine "Das Grundeigentum" (No. 15/2024) draws attention to a corresponding ruling by the Charlottenburg Local Court (Case No.: 211 C 33/23).
In the specific case, a man had sublet his rented apartment to a friend and his partner. The main tenant repeatedly terminated this subtenancy because his brother with family had come from Iran to Germany and needed accommodation. Nevertheless, the subtenants refused to move out. The main tenant then filed a lawsuit for eviction - successfully.
Permission for subletting not decisive
The court ruled in favor of the main tenant. At least the last termination notice, drawn up by a lawyer, complied with the formal and time requirements, so the judges could not identify any defects. The hardship arguments presented by the subtenants regarding the supposedly tense housing situation in Berlin were also not sufficient to prevent the termination and eviction. The subtenants had to leave the apartment.
Subtenancies are common in shared housing (WGs), for example, when a student signs a rental agreement with the landlord and then rents out individual rooms to other students. By the way: Whether the main tenant has permission to sublet or not is not relevant to their right to terminate for need for self-use. The court also clarified this in its ruling.
The German Tenant Association might find this ruling interesting, as it highlights the main tenant's right to terminate a subtenancy due to a need for self-use, even if they don't have permission to sublet originally. In the recent case, a main tenant successfully evicted their subtenants due to this reason, despite the subtenants' opposition and arguments about the housing situation in Berlin.
