# Sublet rental contract in Germany.



## satka

Hi, does anyone know anything about the rental law in Germany? I am in a quite complicated situation and am wondering what my rights are or what could happen if it all goes bad. 

So I just moved to a new apartment in Berlin, the thing is the person originally was only planning to sublet it for 4 months as he planned to cancel his own contract with his landlord. The price was amazing for the place and location because his contract was actually almost 10 years old, and we managed to convince him to just not cancel and keep it in his name, which I hear is very common in Germany. 

The problem is he says he is technically not allowed to do this as it probably says on his own contract that he is not allowed to sublet, but either way he agreed and we all signed a sublet contract without any end date, I assume it is the same type of contract you would give to someone who would rent a room in your flat and says our names, information about the flat and the amount we will pay in rent. He also scribbled on the bottom in English: 

_"In the case that the apartment must be returned to the main landlord due to unforeseen problems the renters must leave the apartment on that date"_

I thought this would be fine as the flat owner would never be able to prove that we were anything more than friends who were using the apartment, but now I am getting feelings like the guy we are renting from is changing his mind and might cancel his contract. So I am just wondering if he is able to do that and just kick us out, or what would happen if he tried? And how legal is the thing he scribbled on the bottom of the contract, he signed just after the note but I did not, I only signed on the signature line of the contract.

Does anyone have any knowledge about this kind of thing?


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## beppi

We have two different legal contracts here:

1. The rental contract between main tenant and landlord:
The main tenant is breaking this contract by subletting without consent (this is NOT common, it is common to sublet WITH permission only!) and the landlord can terminate this contract without notice and empty the apartment. Since you have no contract with the landlord, no consideration for your situation needs to be made in this.

2. Your sublet contract with the main tenant:
This contract is valid - except the last sentence, which is void since all rental contracts in Germany must have a minimum 3 months notice period. This means the main tenant will have to give you an accommodation after you have been thrown out of the flat he rented and until the three months are finished - and he will have to pay for your move to this temporary accommodation. He is right to have second thoughts about this!

Since honesty is usually the best strategy, I recommend you approach the landlord together and explain the situation. Offering him that you will legally take over the flat at a rent near today's market rate will probably help to secure a deal.
Or you move out immediately to avoid problems.


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## satka

Hi Beppi, thanks for your information and advice. It is good to know that we can at least not be made homeless at a moments notice.

But to terminate the contract without notice the apartment owner would need to prove that we are actually paying him money right? Which seems very difficult without a written confession or getting a hold of one of our contracts. Otherwise he could not prove we are not just friends of the tenant who is letting us to live here. Right?

Also I wanted to ask, if the tenant able to cancel our sublet contract with 3 months notice? I heard you can not cancel a rental contract pretty much ever in Germany. Not sure about this type of contract though. It doesn't say it can be cancelled with 3 months notice, only the part he wrote at the bottom in pen.


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## beppi

The landlord can make you homeless without notice. Proof (of your rental contract with the main tenant) is only required in the legal proceedings that may follow (if you decide to sue him), but there you are also required to tell the truth if asked whether you rented (lying in court is a criminal offence. Messy situation, don't go into it!
The main tenant can terminate you with three months notice by giving a valid reason. I assume the fact that he's not allowed to rent out IS a valid reason, but you may want to consult a lawyer about this. If the flat is rented to you furnished, no reason is needed and termination is easier.


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## beppi

Again my STRONG advice: Get out of this as soon as possible (either by moving on, or by finding a legal solution), otherwise you can only lose!


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## satka

Really? That seems very un legal to me. Kind of like guilty until proven innocent... As I know in all countries you have to go to court BEFORE you can kick someone out, not kick them out and do the court stuff later, what if the renter was then found innocent, but they are already moved to a new place and had all the problems caused to them. Just doesn't seem to make sense to me.


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## beppi

You have no legal contract with the landlord and thus he owes you nothing and can just kick you out.
You can then sue the tenant (whom you have a contract with) for your damages, because he rented the flat out to you without being allowed to (=illegally).
This is perfectly legal: Similarly, if somebody sells you something that he had stolen, the rightful owner can also take it back from you - and you can only sue the seller for compensation, not the owner!


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## satka

Hmm, that is true... But still, if the official tenant doesn't agree to return the apartment they should still have the right to keep permission to use it (as in letting their friends stay there) until a court case no? Maybe we dont have the rights but he has the rights as the official renter. If they want to kick him out for breaking his contract he would still be innocent until they prove him guilty in court.

Actually by coincidence (unless they were using the leaky pipe as an excuse to come and check on us) the landlord just came to our apartment! She was actually quite nice so we are talking to her about maybe changing the contract to us, I'm not sure if she will agree for the same price though and we cant afford more so it will be difficult, but we just told her we were friends and the renter is not sure if he will come back yet so we must talk to him. But one thing she said which I never knew about is that his rent is being paid for by the government and he cant do that if he is not here... I have really no idea at all about this but could that change anything?


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## Tellus

Just get the invoice of additional costs from my landlord...it 's calculated for two persons, two tenants - me and my wife: We pay for it.

In your case only one person is tenant but two persons are in the flat, so you do consume without permission, without contract.
Beside electric power which is separately to pay, the additional costs are as high as a second rent.
f.i. in my case about 1700 €/p.a. for 14 different points like heating, warm water, gray water, potable water, litter, taxes, insurances etc. 
The landlord will be deeply grateful for one or more unknown lodger like you are...


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## Tellus

satka said:


> But one thing she said which I never knew about is that his rent is being paid for by the government and he cant do that if he is not here


...social welfare service (Hartz IV)...problems are on the run...


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## satka

Sorry Tellus I don't really understand what you mean? You mean we should offer to pay double of the rent? The problem is we can't afford a rent increase  This place as it is was at the top of our budget.


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## Tellus

satka said:


> Sorry Tellus I don't really understand what you mean? You mean we should offer to pay double of the rent? The problem is we can't afford a rent increase  This place as it is was at the top of our budget.


...if social service pay for the flat you can't stay further.
Service people can do spot checks and they will do...they will know everything.
If the tenant gets money from a lodger or earn more than it 's registered at social service he will lost all benefits and filed for fraud.
your name at the doorbell: "Game over"


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## beppi

Tellus said:


> ...social welfare service (Hartz IV)...problems are on the run...


Wow, this main tenant is not only cheating the landlord by subletting to you without permission (whatever you argue, this IS illegal, you have NO right to be in that apartment and CAN be kicked out with a moment's notice!), but he also commits social welfare fraud by claiming rent subsidy for a place he doesn't live in!
It's only a matter of time before somebody with that character starts to cheat you too. You should RUN as fast as you can!


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## satka

Easier said than done when you don't have anywhere to run to because you've spent all your money and time getting the place you say to run from to be your home... Anyway I will try to convince the landlords to pass the contract over to me which the guy I'm renting from if very happy to do. Just have to hope for a little luck, something I am well overdue lately....


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## n0name12

So I have about the same problem but kind of different.

So i rented the apartment from a subtenant that was kicked out and gave me a notice that I should move out.

My problem is that I found an apartment and I want to move out earlier and he says that I cannot.

We are talking about 1 months rent but it really pisses me off that I must have to pay it and I don't want to pay double rent since the second apartment I found wants me to move in as soon as possible or I dont move in at all.

So after the guy broke the contract with me and told me to move out do I have to stay until the date that he tells me to do it ?

Thanks


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## beppi

n0name12 said:


> So I have about the same problem but kind of different.
> 
> So i rented the apartment from a subtenant that was kicked out and gave me a notice that I should move out.
> 
> My problem is that I found an apartment and I want to move out earlier and he says that I cannot.
> 
> We are talking about 1 months rent but it really pisses me off that I must have to pay it and I don't want to pay double rent since the second apartment I found wants me to move in as soon as possible or I dont move in at all.
> 
> So after the guy broke the contract with me and told me to move out do I have to stay until the date that he tells me to do it ?
> 
> Thanks


I assume you were the sub-tenant, rented a unit from the main tenant and this main tenant's rental contract was terminated.
Termination of this main contract does not directly influence your contract with the main tenant. It needs to be separately terminated or ended by mutual agreement.
If your rental contract with the main tenant was properly terminated or you have a mutual agreement to end it a month later than you would like - and the apartment is still available for your use during that month, then there isn't much you can do (other than hoping for the main tenant's mercy). You probably have to pay that month's rent.


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## scrux

can i have a bit of help here please. I rented a room from someone that replied to my ad that i was looking last year. We agreed, i moved in april of 2020. Only after i moved i discovered all the problems he caused and causes with loud music and friends and was warn in the pass. This gets worse in the fact that the landlord lawyer sent him a letter that he just didnt care. So now they are going to court to try to kick him out, problem is my name is also on the court letter because he never informed the landlord he was subletting a room. something i had no idea, or how to know since i never met the landlord. my question here is my contract still legal with him after the landlord is trying to evict him and me and i had no idea. I want to leave! and i also found out through the court letter that brings his rent contract that the rent is 600 euros and he charges me for a room 500 euros. he doesnt work and he receives money from the government i have no idea. But he took advantage of me and specially because he knows i cant speak or read german! and now i have to go to court because of him and without doing anything! A little advice here please


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