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Sublease contract: the best tips for tenants
Sublease contract: the best tips for tenants

Video: Sublease contract: the best tips for tenants

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Video: Landlord Tenant Lease Agreement Essentials - 5 KEY LEASE CLAUSES You must Include! 2023, January
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The sublease contract is a great solution for tenants who live in a different city or even in a different country for a certain time without having to terminate their tenancy. So that your good tenancy with your landlord does not suffer, there are a few things to consider in the sublease contract. Our guide will tell you how to do it correctly.

Table of contents Table of contents sublease contract: How to change from tenant to landlord

  • Tenants should note that!
  • Create the sublease contract correctly
  • Tips for the sublease contract
  • Sublease contract: temporary or permanent?
  • FAQs about the sublease contract
  • Checklist: from tenant to landlord

Table of contents Table of contents sublease contract: How to change from tenant to landlord

  • Tenants should note that!
  • Create the sublease contract correctly
  • Tips for the sublease contract
  • Sublease contract: temporary or permanent?
  • FAQs about the sublease contract
  • Checklist: from tenant to landlord

Those who are away from work for a while or take a break don't want to give up their apartment. Here the sublease contract offers a great solution for tenants to become the landlord in the meantime. Sometimes the apartment becomes too big and too expensive due to a separation, then the sublease contract is also a good solution until you have found something suitable. Because of the housing shortage and expensive rents, subletting the living space is no longer just an issue for student shared apartments.

So that your good tenancy with your landlord does not suffer, there are a few things to consider in the sublease contract. Because this may only be completed if the landlord agrees. If this is the case, you should inform him in good time about whom you will sublet. This does not have a say, however, as the rent continues to be paid exclusively by you as the main tenant.

Good to know: If you sublet space, the landlord can increase the rental costs by up to 20 percent. The apartment is used more by several residents, which means that the landlord may have to build up higher reserves.

Landlord agreement: Tenants should take this into account

For whatever reason, you would like to sublet part of your rented apartment. Then there is no way around talking to your landlord. Because the law stipulates that the landlord must agree to the sublease. Explain to your landlord plausibly why you would like to sublet space - for a limited or unlimited period. If the reason is understandable, the landlord has hardly any options to refuse to agree to the sublease contract.

In these cases, the YES to the sublease contract is guaranteed

You as a tenant can no longer pay the rental costs alone after a separation from your partner or due to suddenly lower earnings and therefore want to sublet? Even those who need care and need a caregiver are usually allowed to sublet housing.

Leere Taschen
Leere Taschen

If you don't have a cent in your pocket after a separation or divorce, you can usually sublet.

Photo: iStock / AndreyPopov

In these cases, the landlord can say NO to the sublease

Would you like to spend a whole year abroad as a tenant of the apartment and temporarily store your furniture in a garage? In this case, the connection to the apartment is no longer given. Good to know: If you don't sublet the entire apartment and keep a room for yourself, you can restore the cover.

Even if the sub-tenant has already noticed the landlord by violating the house rules, the landlord can prohibit subletting. If the sub-tenant has planned the commercial use of the living space, this is not necessarily to be expected of the landlord.

A NO of the landlord is often difficult to hold in court. Be persistent and find out before you start talking to your landlord. Unauthorized refusal of the landlord's consent can even make him liable for damages.

Record the landlord's consent in writing

If all points have been discussed with the landlord, you should write a written declaration of consent. Essentially, this should include the following points:

  • Address of the rental property
  • Personal reasons why the apartment is sublet
  • Name and date of birth of the subtenant

Create the sublease contract correctly

Before the subtenant moves in with you, you should have signed a sublease contract. The crucial difference between a normal rental agreement and the sublease agreement are the two parties who conclude the contract - namely the main tenant and subtenant. The obligations are included, but also the rights of the two parties.

As the main tenant, you must take into account that you can equally meet the obligations of your rental contract with the landlord. In addition, as the main tenant, you are always the contact person for the landlord, even if there are problems or disputes with your subtenant.

Vertrag abschließen
Vertrag abschließen

Before the subtenant moves in, a written contract should be concluded for the safety of all parties involved.

Photo: iStock / AndreyPopov

Tips for the sublease contract

1. Enter the complete personal data of you as the main tenant and your subtenant (first name, last name, exact address of the rental apartment).

2. Describe in detail the rental property (floor of the apartment, which room is rented, which common rooms can be used, etc.). It is also important to have a precise description of how to deal with shared objects and the inventory of the apartment. In the event of a possible new purchase of shared kitchen appliances or the repair of the dishwasher, you should clearly regulate in the sublease contract which partial costs the subtenant has to bear. Any requirements, such as regular painting of the room, are not valid.

3. Rental costs and incidental costs must be calculated by you as the main tenant in order to do justice to your own interest as well as the subtenant.

4. The deposit is particularly important for the main tenant. Since you are liable to the landlord, you should request a reasonable deposit of one to three months' rent from your sub-tenant.

5. Temporary or permanent - determine the exact start of the sublease. If the sublease contract is limited, the exact reason should be included. It is important that you keep the connection to the apartment in the event of a permanent absence, for example through the furniture in the apartment. If the tenancy is limited, you can add the reference for personal use here.

6. You can set the notice period in accordance with the current tenancy law. This is usually three months and corresponds to the notice period in your own main rental contract. With a sublease contract, shorter deadlines can also be agreed, in accordance with the easier right of termination. If you only sublet a furnished room, you can even cancel without reason until the 15th of the month. If you need a special regulation regarding the notice period, always get advice from a specialist lawyer for tenancy law.

7. Include a copy of the main rental contract and the house rules with the sublease contract so that votes can be taken very clearly. In the house rules, the sub-tenant will find all the important information about rest times, shutter times and the usage times of the drying room and laundry room. Visiting bans or regulations on the part of the sub-lessor are not permitted as long as the house rules are observed. In addition, have the landlord's consent to subletting be given in writing so that you can add to it in the sublease contract.

Good to know: If you sublet a furnished room or a furnished section of your apartment, you should also create a handover report in addition to the sublease contract. In addition to the condition of the rental property, any damage to the inventory is also recorded here. This has the advantage for both sides that the status of the rented property was recorded when moving in and previous damage can be taken into account.

Sublease contract: temporary or permanent?

If your landlord has given his consent and you have already found a subtenant, you should consider whether you want to sublet for a certain period of time or indefinitely. Last but not least, this is important for the notice period to be set.

This becomes clear when you set the rental period. If you only specify the start date of the sublease contract, it is concluded for an indefinite period. In order for a time limit to apply, you must specify the start date and the exact time of the termination of the tenancy in the contract. A special feature of the temporary sublease contract is that the reason for the time limit must be stated.

The most important questions about the sublease contract

Sublease - can my landlord increase the main rent?

If you want to sublet, you should definitely take into account that the landlord can make use of the so-called sublease surcharge (Section 553 (2) BGB). This relates primarily to the flat-rate ancillary costs such as electricity and water should more people live in the apartment than before. If the additional costs are billed individually once a year, the landlord's argument does not apply. In this case, the landlord can only charge a reasonable rent surcharge for greater wear and tear on the living space. However, there is no legal requirement for exact calculation.

What to do if the landlord gives me notice as the main tenant?

A complicated case can arise if the landlord cancels the tenancy. However, the main tenant must comply with the obligations of the sublease contract, which is why it is particularly important to keep an eye on the notice periods for the main lease and sublease. If you have to terminate your sub-tenant prematurely for this reason, the sub-tenant may be entitled to compensation from you, for example for the moving costs.

Can I sublet an empty room to tourists?

A temporarily exciting subletting to tourists is a very exciting topic for tenants. Because in this way, tenants can apparently simply earn pocket money that should not be underestimated. However, short-term rentals to tourists are equivalent to commercial use of the living space and are therefore prohibited. Attention: You risk termination without notice and also the violation of the prohibition of misuse, which is now valid in more and more cities.

Leer stehendes Zimmer
Leer stehendes Zimmer

Anyone subletting a room to tourists as a tenant risks termination without notice.

Photo: iStock / Madhourse

Can I arrange a trial period when concluding a sublease contract?

In general, a trial period is not planned for the subtenant, even if the main tenant may have a legitimate interest in this protection. In general, if you rent a furnished room, you can always cancel the contract by the 15th of the month at the end of the month. The notice period is therefore two weeks. Otherwise, you still have the option to specify special reasons, such as a termination for your own use, in the sublease contract.

Can I, as a subtenant, terminate the mold prematurely at Schimmel?

Regardless of whether you are the main tenant or sub-tenant, the health-endangering condition of an apartment is not reasonable and can therefore be subject to termination without notice. In individual cases, an expert must check how bad the mold is. In such a case, it is advisable to get any support from a specialist lawyer or the tenant association after talking to the landlord.

Checklist: from tenant to landlord

  • Check your main rental contract for any restrictions.
  • Obtain the written consent of your landlord to sublet.
  • Think about whether you want to sublet furnished or unfurnished and decide for yourself which common rooms the subtenant may use.
  • Take your time in choosing the subtenant and inform your landlord who will move in with you.
  • Agree on a written sublease contract and enclose a copy of the main rental contract and the house rules.
  • Before moving in, create a handover report with your subtenant on the condition of the apartment when moving in. So you and your subtenants are well prepared for living together.

Carolin Haist

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