Untermietverhältnis

Untermietverhältnis refers to a sublease agreement in German law. It occurs when a tenant (Hauptmieter) rents out a part or the entirety of the leased property to another person (Untermieter). The Hauptmieter remains the primary tenant responsible to the landlord, while the Untermieter's rights and obligations are primarily governed by the agreement with the Hauptmieter.

For an Untermietverhältnis to be valid, the Hauptmieter typically requires the consent of the landlord. This consent may be granted or denied, often depending on the specifics of the lease agreement and the reasons for subletting. Landlords may refuse consent if the subletting would lead to overcrowding, excessive use of the property, or if there are concerns about the Untermieter.

The Untermietvertrag, the sublease contract, establishes the terms between the Hauptmieter and the Untermieter. This contract should clearly define the rented space, rent amount, duration of the sublease, and any specific rules or house regulations. The Untermieter's rights, such as the right to quiet enjoyment, are derived from the Hauptmieter's rights.

Termination of an Untermietverhältnis usually follows specific rules. If the Hauptmieter's lease is terminated, the Untermieter's agreement is also typically affected. Notice periods for termination of the sublease by either the Hauptmieter or the Untermieter must be observed, as stipulated by law and the sublease contract. The Hauptmieter is responsible for ensuring that the Untermieter vacates the premises if the Hauptmietvertrag ends.