Tenants who continue to sublet their apartment without permission after a warning must expect termination without notice. This was decided by the Munich Local Court (AZ 417 C 7060/21). In the case at hand, a tenant had occupied an apartment in Munich-Pasing since 2009. The monthly rent was 800 euros per month. The rental agreement contained the following clause: "[The] subletting or other transfer of use of the rented premises or parts thereof to third parties may only take place with the consent of the landlord." That same year, the landlord approved the partial subletting to a roommate for the purpose of establishing a shared apartment.
In spring 2020, the landlady discovered that the apartment was being offered to tourists via internet platforms for 45 euros per person per night. She had not agreed to such commercial use. She therefore warned the tenant in writing. Nevertheless, he rented out two rooms again without informing the landlady. In addition, the property manager noticed that there were several names on the doorbell. The landlady then terminated the lease without notice.
The landlady now demanded that her tenant vacate and surrender the apartment. However, since the tenant (defendant) was of the opinion, among other things, that he had rented the apartment on the condition that the existing residential community would remain in place, that he therefore had a fundamental right to sublet and that he had not rented the apartment to tourists, the case finally ended up before the Munich Local Court. The court did not believe him and upheld the landlady's claim.
Source: AG Munich/AZ 417 C 7060/21
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