What do you do if you go abroad for a long time but want to keep your one-room apartment? Subletting – a Berliner thought, but his landlord refused. Wrongfully, as the BGH has now ruled.
Because he had to go abroad for work, a man from Berlin wanted to sublet his one-room apartment. Another person was supposed to live there for a good year and a half. The man wanted to keep a small part of his belongings in a closet and a chest of drawers. He had separated a square meter in the hallway with a curtain. He also wanted to keep a key.
But his landlords refused: subletting was not allowed. The man then went to court and has now won in the final instance, before the Federal Court of Justice.
There must be no disadvantage to tenants Multi-room apartments give
The BGH says: Subletting must also be permitted for one-room apartments, even if the law states that only part of the apartment may be rented out. Here the tenant did not completely vacate the apartment – so he did everything correctly according to the law.
Furthermore, subletting should also be permitted for one-room apartments, otherwise the tenants of such apartments would be worse off than those of multi-room apartments. If there is a legitimate interest, for example for professional reasons, the landlord would have to agree to the project. Because it is important for tenants to maintain their living space.
File number: VIII ZR 109/22