Justice: earned money with sublease? BGH checks the eviction lawsuit

When subletting an apartment in Berlin, a tenant asked more than twice the one he had to pay himself. He had no permission from his landlord for the subletting over the entire period, nor did she get anything from the money. Now the Federal Court of Justice (BGH) is examining the case. It is essentially about an eviction lawsuit.

The eighth civil senate in Karlsruhe wants to clarify whether landlords can terminate rental contracts for living space on time if tenants sublet the apartment with a profit. It was initially unclear whether the BGH already speaks a judgment after the negotiation (10 a.m.).

With a view to the tense housing market, the German Tenants’ Association emphasized that many people do not voluntarily rent rooms for sublet, but because they simply do not get an apartment for the main rent of renting. “This emergency of the apartment seekers is exploited by the” profitable sub -rental “model.”

Tenant rejects reproach

From the tenant’s point of view in the case to be negotiated, the problem is that there is no clear requirements, such as a high -quality interior, such as in his apartment. “There are no indications of evaluating the household items properly,” Abdur-Rahman el-Khadra told the German Press Agency before the negotiation.

“It was not my intention to make money with it,” said the 42 -year -old industrial engineer, who still lives in the Berlin two -room apartment with his partner – and would like to stay there for now.

For the 65 square meters, he paid a net rent of 460 euros a month when moving in 2009. During a stay abroad, he sublet the apartment – initially with the landlord’s permission.

Because of the Corona pandemic, he then had to stay in Central America for longer and the woman informed that he wanted to further sublenate the apartment. She did not react to this – even according to the judgment of the Berlin Regional Court. The whole thing continued. Until he suddenly received a termination after two years.

El-Khadra received 962 euros of the submiters. Among other things, it justifies the surcharge with the fact that the apartment is “very well equipped” – with high -quality, partly self -made furniture, television, sound system, dishwasher and washing machine. In addition, the sub -tenants could have used two bicycles.

No regulations for furniture surcharge yet

In the regional court judgment, it says: “The defendant does not conclusively state that a surcharge of this size would be even reasonable for the inventory rented with rented inventory.”

El-Khadra said which surcharge is appropriate depending on the furniture, must be regulated urgently. “There is no reasonable legal framework.”

Lawyer Sabine Schuhrmann from the German Tenants’ Association confirmed that so far there are no legal requirements for the furniture surcharge or that the sublease should not be higher than the rent of the main tenant. “Readers are also not obliged to show the furniture surcharge in the rental agreement separately,” she explained. The surcharge is therefore often used to bypass the rental price brake.

In order to avoid this in the future, the Federal Ministry of Justice is working on a draft law. In this way, according to Schuhrmann, the furniture surcharge should be explicitly regulated and the permissible height should be defined.

“If the rental team sublet, they will be rented out themselves and must adhere to the same legal mirror rules that apply to renters,” said the expert. This includes sticking to the rental price brake. The end of the rental should not require a sublease that is more than ten percent above the local comparative rent.

According to the BGH, a maximum of 748 euros would have been permitted in the specific case.

Violate regulations on the rental price brake

The district court gave the landlord’s eviction action – unlike the Charlottenburg District Court before. It argued that a landlord did not have to allow a tenant to achieve economic profit without participation in the yield with a subletting. Regardless of this, a tenant is not entitled to the permission of a subletting that was not compatible with the regulations on the rental price brake.

Both aspects are already reason enough for themselves that the landlord does not have to comply with the interest of the tenant’s legitimate interest in sublet his apartment.

The landlady’s lawyer, Joachim Retz, told the dpa that his client had no interest in participation. The violation of the rental price brake was crucial for the termination.

Against the judgment of the regional court, tenant El-Khadra is now proceeding at the BGH, especially since the lower court did not even deal with how exactly the apartment was equipped.

“At that time we looked at how sub-rental apartments would otherwise be offered,” said the 42-year-old. “We were cheapest in comparison.” And unlike some other subletting, not only had a table, a chair and a mattress in the apartment.