Hi!
Does anybody know the legal or contractual procedures to give sublet of a rented hosue to anybody else? Does anyone need to take written permission of the original landlord before giving a sublet to a third party?
Can anyone give a sublet to an apartment at a higher rate than that he really pays to the original landlord? I mean, if such business (extra income) bears any legality in German laws?
How does the tax office should then deal with such an extra income or how such income should be taxed?
SS
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Subletting a rented house or apartment
Legal procedures, and other general advice
you can't do it without written permission from your landlord
if you do it anyway, you run the risk of being kicked out without a notice period
if you do it anyway, you run the risk of being kicked out without a notice period
Basically your landlord has to be informed and okay the sublet.
If you only want to sublet one or more rooms while you still live in the house yourself, you have the legal right to sublet within reason (e.g. subletting to a family of 5 in a two-bedroom flat would not be seen as reasonable).
If you want to sublet the whole house, and your landlord is okay with it, you can basically charge whatever you can get away with.
Unless you have a very good reason, most landlords won't give you permission to sublet the whole house, though.
Which leaves the slightly less legal option of not informing the landlord and just subletting the house anyway. Over the years I have lived in many apartments that weren't in my name, paying rent to the original tenant and not the owner of the place. Happens a lot in big cities when people don't want to completely let go of cheap houses or apartments they've rented even though they live somewhere else now. Guess most of those shadow-landlords charge more than they pay themselves, in many cases that's still cheaper than renting a place properly as the rent tends to go up everytime a new tenant moves in.
If you only want to sublet one or more rooms while you still live in the house yourself, you have the legal right to sublet within reason (e.g. subletting to a family of 5 in a two-bedroom flat would not be seen as reasonable).
If you want to sublet the whole house, and your landlord is okay with it, you can basically charge whatever you can get away with.
Unless you have a very good reason, most landlords won't give you permission to sublet the whole house, though.
Which leaves the slightly less legal option of not informing the landlord and just subletting the house anyway. Over the years I have lived in many apartments that weren't in my name, paying rent to the original tenant and not the owner of the place. Happens a lot in big cities when people don't want to completely let go of cheap houses or apartments they've rented even though they live somewhere else now. Guess most of those shadow-landlords charge more than they pay themselves, in many cases that's still cheaper than renting a place properly as the rent tends to go up everytime a new tenant moves in.
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