On September 16, 2023, the 188th Oktoberfest starts in Munich and the second after the two-year break caused by Corona. While the number of visitors last year was still a little behind those of 2019 – which may have been due to the weather as well as Corona – there should be significantly more visitors this year.
Some Munich residents are considering escaping the hustle and bustle of the Oktoberfest and subletting their apartment during this time, which some tourists are happy to accept in view of the rare and often overpriced hotel rooms. When subletting, however, there are a few things to consider, such as the Munich Tenants’ Association explained on his website.
Can I simply sublet my apartment?
In principle, tenants have the right to sublet their apartment to tourists for up to eight weeks a year. This time can also be spread over several short periods throughout the year. So subletting during the two to three-week Wiesn period is not a problem.
If you rent your apartment for more than eight weeks, you are committing an administrative offense in the sense of misappropriation. Due to the tense housing market in Munich, this is now being punished by the city with fines of up to 500,000 euros.
What do I have to consider before I offer my apartment for subletting?
If you want to sublet your apartment during the Oktoberfest, you need the permission of the landlord or the property management. Approval should be obtained in writing for security reasons. Of course, this does not apply if you are the homeowner yourself. If tenants do not obtain permission to sublet and the landlord notices this, he can terminate the existing tenancy without notice after warning.
The landlord has the right to refuse subletting. However, if the tenant has a well-founded interest in subletting, he can try to sue for this. Income from subletting is taxable and must be reported to the responsible tax office.
Does the landlord need to know who is renting the apartment?
Since tenants are not entitled to sublease approval, the landlord can identify factors that influence his or her decision to sublet. Thus, he could also request information about the renting tourists. If the tenant does not provide information, he could refuse the permit. He also has the right to refuse permission if the specified group of people does not correspond to what he as landlord tolerates in the apartment, for example renting a one-room apartment by a group of eight people.
Should you make a contract with the subtenants?
The tenants’ association recommends concluding a written contract with the subtenants in order to officially record things such as the period of subletting or the amount of the rent. A handover protocol can also be worthwhile in the event that a dispute arises later due to damage. It is advisable to also record details such as precise room descriptions, number of plates and glasses or the condition of objects.
Who pays if something breaks?
The principle applies here: If you break something, you have to pay for it. The tenant has the right to demand that the sub-landlord leave the apartment in the condition in which it was handed over. If damage becomes known afterwards, he can subsequently insist on replacement or payment for the repairs.
It should be noted that the tenant is liable for damages to the apartment owner or landlord of the apartment. In the event of damage, he cannot refer to the subtenant, but must first present the amount of the damage and then recover it from the subtenant. In the event that the subtenant does not pay, the costs remain with the tenant.
How much money can you charge for the apartment?
During the Wiesn, the hotel and hostel prices in Munich increase many times over. So you can negotiate freely when renting apartments. If you rent your apartment for the entire Oktoberfest period, you can charge up to 500 euros per night, depending on the size and location. With several places to sleep, this is still cheaper for most tourists than renting a hotel.
In addition, a rental deposit should be agreed. This can lead to greater care in dealing with someone else’s apartment and serves as protection against possible damage, for which the subtenant still has to pay if the amount of damage exceeds the deposit. The legal upper limit for determining a deposit is three months’ rent, calculated down to the period of subletting.