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Short-term sublet without a written agreement - Germany

And paying all the rent in advance, is it normal?
vinterdrog
Hello, not sure where this question belongs but I need your advice on subletting. I've managed to find a 4 month sublet through wg-gesucht.de. The guy is travelling around the world and won't be back until the end of the sublet term (oct. 2008). He wants me to pay him in advance before he leaves, a 4 month worth of rent (1,600 EUR - 400 per month). I think he wants to do it informally, without coming up with a contract or any written agreement. Is this how subletting usually works in Germany? Just wanted your opinions before I give him 1,600 euros in advance. By the way, can I withdraw that much money from an ATM machine? I am coming to Germany with $ in my chequing account (with a Canadian bank) and a couple of credit cards.

Thanks in advance
Gorgo
QUOTE(vinterdrog @ May 4 2008, 1:16 am) *
I think he wants to do it informally, without coming up with a contract or any written agreement. Is this how subletting usually works in Germany?

no, you usually pay 1-2 months worth of rent as deposit but that's it. It's also a really bad idea not to have a written contract, I personally could probably live with paying 4 months rent in advance (2x months rent deposit + 1 month rent in advance is not that much difference to 4 months rent in advance after all), but no written contract is an absolute no no.
sarabyrd
Find out first if he has permission from his landlord to sublet or you may find yourself on the street with no legal recourse to get the rent back as even a written contract between you and the tenant is invalid without the landlord's written permission. In general, never EVER enter an agreement without a written contract, even if it's borrowing a friend's car to pick up your stuff from IKEA. [/lawyer mode]
CaliforniaCrocus
A call to the customer service department at your bank can tell you the daily ATM limit.

He's probably not allowed to sublet, so even if you get a contract it will be illegal and therefore no contract at all.

Have you met this guy? Can you afford to burn 1600Euro?

I had a similar experience but I was only out 500 DM. Turned out the guy didn't own or rent the place, he was a squatter and just took my money, left me with some keys, and bailed. I had a colleague who went through an online WG service and the person subletting his place also wanted cash and left the country after subletting the same room to 4 different people.

Be careful.
Editor Bob
It is normal for a short-term rental to demand payment of all the rent up front. I had a friend who did similar and sublet her apartment for 12 months while travelling. There should still always be a written contract though. Common sense really.
Lorelei
No contract and all the money upfront?! Warning bells are ringing. Sounds as if the guy is looking for a sucker to finance his travels.

For any kind of sublet, I'd definitely want a written contract. As sarabyrd says, the landlord may not even allow it. My rental agreement does not allow subletting. Your local Mietverein should be able to advise you on this.
Lorelei
There's a TV programme in the offing about how to protect yourself if you sublet. This coming Saturday on ARD: http://www.daserste.de/ratgeber/
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