Untermietverhältnisse

Untermietverhältnisse, often translated as subletting, occur when a tenant rents out a part or all of their rented property to another person, known as the subtenant. This arrangement is distinct from a direct rental agreement between the landlord and the subtenant. The original tenant, now acting as a sublandlord, remains responsible to the primary landlord for the rent and the condition of the property.

Typically, a subtenant pays rent to the original tenant, who in turn pays the full rent to the landlord. The subtenant does not have a direct contractual relationship with the primary landlord. For a sublease to be legally valid and recognized by the landlord, the original tenant usually needs to obtain permission from the landlord, often in writing. Many rental agreements explicitly state whether subletting is permitted or prohibited.

If subletting is allowed, the original tenant and subtenant will usually enter into a separate sublease agreement. This contract outlines the terms and conditions of the sublet, including rent amount, duration, rules regarding the property, and responsibilities of both parties. The rights and obligations of the subtenant are generally derived from the original lease agreement and the sublease contract. German law, for instance, has specific provisions regarding the conditions under which a tenant can request permission for subletting from their landlord. Failure to comply with these regulations can lead to legal disputes or eviction.