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This is false. The law stipulates that you must obtain permission from the landlord prior to subletting (§ 540 Abs. 1 S. 2 BGB, § 553 BGB) which must be grante

This is false. The law stipulates that you must obtain permission from the landlord prior to subletting (§ 540 Abs. 1 S. 2 BGB, § 553 BGB) which must be granted if the renter has legitimate interest to sublet. The burden of proof is on the renter. Subletting individual rooms or the entire apartment to tourists (AirBnB) in the interest of earning money is usually not considered a sufficiently good reason and as such the the decision is at the landlords discretion. You’ll have better chances if you sublet parts of your parts of your primary residence and can show that you’re long-term traveling for work or that the income is required to make the rent payment or similar interest. The landlord can increase the rent if they grant permission to sublet. There are exceptions auch as having your parents or kids move in, but they are very narrow. Even if you obtain the landlords permit, subletting to tourists may run afoul of legal restrictions. https://www.mieterbund.de/index.php?id=540 https://www.mieterbund.de/index.php?id=540 https://www.mietrecht.de/airbnb-untervermietung-was-sie-bei-der-vermietung-der-eigenen-wohnung-beachten-muessen/ https://www.mietrecht.de/airbnb-untervermietung-was-sie-bei-...

Semaphor 4y ago
The comment I replied to talked about subletting in general, then about special AirBnB clauses, I was only talking about the subletting part. edit: Ah, yeah, I confused who’s the one with the burden of proof, that part was indeed wrong
- Xylakant 4y ago
  You are still wrong. The renter must obtain permission from the landlord prior to subletting and must substantiate legitimate interest. Not doing so is a breach of contract and can ultimately lead to termination of your rental contract. If the landlord does not grant permission your only option is to sue. While legitimate interest is interpreted broadly, it doesn‘t mean „anything goes“. „I want to earn money on a cheap rental contract that I can sublet for more money“ is not legitimate interest. The legitimate interest must also be rooted in something that occurred after you signed the rental contract. „I can‘t afford this flat, so I‘ll still sign the rental contract and then sublet“ will not create a legitimate interest that requires your landlord to grant the permission. „My income situation has deteriorated after signing the contract“ has better chances of passing the test. Some examples of what does and doesn‘t constitute legitimate interest here https://www.mietrecht.org/untervermietung/berechtigtes-interesse-untervermietung-gruende/ https://www.mietrecht.org/untervermietung/berechtigtes-inter... The landlord can also deny the request if they have an overriding interest, for example if they expect that the sublet would disturb the community in the building. Contrast that with where permission is not required, for example having a second job. The only requirement is that you must notify your employer. You don‘t need to substantiate anything. The only option for your employer is to deny this on very narrow grounds. If they don‘t respond to your notification within reasonable time, you‘re in the clear. This is fundamentally different from the required legal procedure when subletting.
  - Semaphor 4y ago
    That’s exactly what I meant by who has the burden of proof.

Semaphor 4y ago

The comment I replied to talked about subletting in general, then about special AirBnB clauses, I was only talking about the subletting part. edit: Ah, yeah, I confused who’s the one with the burden of proof, that part was indeed wrong

Xylakant 4y ago
You are still wrong. The renter must obtain permission from the landlord prior to subletting and must substantiate legitimate interest. Not doing so is a breach of contract and can ultimately lead to termination of your rental contract. If the landlord does not grant permission your only option is to sue. While legitimate interest is interpreted broadly, it doesn‘t mean „anything goes“. „I want to earn money on a cheap rental contract that I can sublet for more money“ is not legitimate interest. The legitimate interest must also be rooted in something that occurred after you signed the rental contract. „I can‘t afford this flat, so I‘ll still sign the rental contract and then sublet“ will not create a legitimate interest that requires your landlord to grant the permission. „My income situation has deteriorated after signing the contract“ has better chances of passing the test. Some examples of what does and doesn‘t constitute legitimate interest here https://www.mietrecht.org/untervermietung/berechtigtes-interesse-untervermietung-gruende/ https://www.mietrecht.org/untervermietung/berechtigtes-inter... The landlord can also deny the request if they have an overriding interest, for example if they expect that the sublet would disturb the community in the building. Contrast that with where permission is not required, for example having a second job. The only requirement is that you must notify your employer. You don‘t need to substantiate anything. The only option for your employer is to deny this on very narrow grounds. If they don‘t respond to your notification within reasonable time, you‘re in the clear. This is fundamentally different from the required legal procedure when subletting.
- Semaphor 4y ago
  That’s exactly what I meant by who has the burden of proof.