untermietzins

Untermietzins refers to a legal concept in German tenancy law concerning rent paid by a subtenant to a primary tenant. When a primary tenant sublets a portion or all of their rented property to a subtenant, the rent paid by the subtenant to the primary tenant is known as Untermietzins. This arrangement requires the consent of the primary landlord, unless the subletting is explicitly permitted in the main rental agreement.

The primary tenant is generally obligated to pass on the subletting to the landlord and obtain their permission. If the landlord agrees, the primary tenant can then collect Untermietzins from the subtenant. The amount of Untermietzins is typically agreed upon between the primary tenant and the subtenant. However, there are legal limitations on how much the primary tenant can charge. German tenancy law, specifically section 553 of the Bürgerliches Gesetzbuch (BGB), allows the primary tenant to request an appropriate increase in their own rent from the primary landlord if they have a legitimate interest in subletting and the landlord consents. Conversely, if the primary tenant charges the subtenant a significantly higher rent than they themselves pay to the primary landlord, this can be considered an illegitimate profit and may be challenged.

Subtenants have certain rights, including the right to demand that the primary tenant maintain the property in a habitable condition and to receive a proper rental agreement. The primary tenant remains responsible to the primary landlord for the entire property, including the actions of the subtenant. If the primary tenancy ends, the sublease typically also terminates, though specific notice periods and conditions may apply.