Untermietverhältnisses

Untermietverhältnisses refer to a legal arrangement in Germany where a tenant (the sublessor) rents out part or all of their rented property to another person (the subtenant). This is distinct from a direct rental agreement with the property owner. The sublessor remains the primary tenant and is responsible for fulfilling the terms of the original lease agreement with the landlord, including rent payment and property maintenance.

For a sublease to be valid, the sublessor generally needs the permission of the landlord. While some lease agreements may explicitly permit or prohibit subletting, many require the landlord's consent, especially for long-term or full property subletting. The landlord's refusal to grant permission must be based on valid grounds, such as a lack of legitimate interest on the part of the tenant or concerns about the subtenant's suitability.

The subtenant has a direct contractual relationship with the sublessor, not with the original landlord. This means the subtenant pays rent to the sublessor, and any issues regarding the property are typically addressed between the sublessor and subtenant. The sublessor is obligated to pass on the rent to the landlord.

Subleases can be for a room, a portion of the apartment, or the entire property. The duration of the sublease can also vary. Upon termination of the original lease agreement, the sublease also automatically terminates. Both sublessor and subtenant must adhere to specific notice periods for terminating the sublease, which may differ from those in the original lease.