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 this case, a tenant had been living in 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." In the same year, the landlady approved the partial subletting to a flatmate to form a shared flat.
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 consented to such commercial use. She therefore sent the tenant a written warning. Despite this, he rented out two rooms again without informing the landlady. The property manager also discovered that there were several names on the doorbell sign. The landlady then terminated the tenancy agreement without notice.
The landlord now demanded that her tenant vacate the apartment and hand it over. However, as the tenant (defendant) was of the opinion, among other things, that he had rented the apartment on the condition that the existing shared flat would continue to exist, that he therefore had a fundamental right to sublet and that he had not rented the apartment to tourists, the case ultimately ended up before the Munich Local Court. The court did not believe him and ruled in favor of the landlady.
Source: AG Munich/AZ 417 C 7060/21
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