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Question about sub-letting spare room

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Hi all, I have a Besichtigungstermin for 2 room flat (I am applying by myself) and I am asked to fill out Selbstauskunft in which I am asked to confirm that I have no intention to let one more person live or start WG in the flat. I read on Mieterverein website that we as a Hauptmieter have a right to sub-let an empty room in the flat even though we had no intention to start WG when we first applied for the flat. According to the website, the important thing is that we have no intention of starting WG at the time of application, but later one that could change due to the change in life circumstances like unemployment. So I'm assuming if my life circumstance changed, and I will need to sublet to off financial burden, landlord has to agree to let me sub-let even though I signed on this Selbstauskunft?

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I don't think we should advise you on how to trick your future landlord. It's not a good look.

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@dendenden is that so?  I thought that a sublet had to be approved by the landlord in every case but I could be wrong.

 

When in doubt, what you sign in your lease will apply.  So if you have no express intention to start a WG or sublet, then you can sign the form with a clear conscience.  Also, feel free to ignore Metall above, especially as you've not actually even stated your intentions one way or the other but merely asked a frigging question.  You're neither under oath here nor when you sign your lease, though telling the truth has its advantages and dishonesty/deception has a way of biting you in the butt in the future.  Better to avoid unnecessary complications.  I would say that it does seem like the landlord might try to make it difficult for you to rent out space in the future, so if your plans count on that, expect an uphill battle.  Good luck.

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3 hours ago, dendenden said:

I am asked to confirm that I have no intention to let one more person live or start WG in the flat

 

Do this or find another flat that allows this. More than one person can double the Nebenkosten.

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3 hours ago, dendenden said:

I read on Mieterverein website that we as a Hauptmieter have a right to sub-let an empty room in the flat even though we had no intention to start WG when we first applied for the flat. According to the website, the important thing is that we have no intention of starting WG at the time of application, but later one that could change due to the change in life circumstances like unemployment. So I'm assuming if my life circumstance changed, and I will need to sublet to off financial burden, landlord has to agree to let me sub-let even though I signed on this Selbstauskunft?

 

The devil is in the details. There could actually be a good reason why the landlord has included the clause. You won't know until you apply for permission to sublet whether or not the reasons are reasonable. 

 

If you don't think you can afford the apartment keep looking. 

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5 hours ago, dendenden said:

Hi all, I have a Besichtigungstermin for 2 room flat (I am applying by myself) and I am asked to fill out Selbstauskunft in which I am asked to confirm that I have no intention to let one more person live or start WG in the flat. I read on Mieterverein website that we as a Hauptmieter have a right to sub-let an empty room in the flat even though we had no intention to start WG when we first applied for the flat. According to the website, the important thing is that we have no intention of starting WG at the time of application, but later one that could change due to the change in life circumstances like unemployment. So I'm assuming if my life circumstance changed, and I will need to sublet to off financial burden, landlord has to agree to let me sub-let even though I signed on this Selbstauskunft?

So basically you are asking if signing that selbstaufkunft would allow your landlord to take action against you should you, at some point in the future, for whatever reason, decide to rent out that spare room to an untermieter? 

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2 hours ago, cb6dba said:

So basically you are asking if signing that selbstaufkunft would allow your landlord to take action against you should you, at some point in the future, for whatever reason, decide to rent out that spare room to an untermieter? 

... or if the landlord could terminate your contract? Because he absolutely will.

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On 3/26/2021, 6:05:31, dessa_dangerous said:

@dendenden is that so?  I thought that a sublet had to be approved by the landlord in every case but I could be wrong.

 

When in doubt, what you sign in your lease will apply.  So if you have no express intention to start a WG or sublet, then you can sign the form with a clear conscience.  Also, feel free to ignore Metall above, especially as you've not actually even stated your intentions one way or the other but merely asked a frigging question.  You're neither under oath here nor when you sign your lease, though telling the truth has its advantages and dishonesty/deception has a way of biting you in the butt in the future.  Better to avoid unnecessary complications.  I would say that it does seem like the landlord might try to make it difficult for you to rent out space in the future, so if your plans count on that, expect an uphill battle.  Good luck.

Thanks for the reply! I actually decided not to take this flat anyways coz the landlord explicitly asked me to pay the rent without Mietendeckel, when I went to a flat view today, otherwise I won´t get a flat. PLUS there was extra 50 EUR for the basement and 40 EUR for Gas heater which was not included in the description...!

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22 hours ago, engelchen said:

 

 

The devil is in the details. There could actually be a good reason why the landlord has included the clause. You won't know until you apply for permission to sublet whether or not the reasons are reasonable. 

 

If you don't think you can afford the apartment keep looking. 

As long as this phrase is not explicitly indicated in the selbstauskunft or in contract, subletting an empty room is allowed? Or is it something you need to explicitly ask at the time of flatview?

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21 hours ago, cb6dba said:

So basically you are asking if signing that selbstaufkunft would allow your landlord to take action against you should you, at some point in the future, for whatever reason, decide to rent out that spare room to an untermieter? 

I am wondering so the only way subletting a spare room is allowed is only if you applied for a flat as 2? then in case one person left the flat, you can still find another flat mate to fill it up? And if you applied on your own, there´s no way the spare room can be rented out??

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16 minutes ago, dendenden said:

I am wondering so the only way subletting a spare room is allowed is only if you applied for a flat as 2? then in case one person left the flat, you can still find another flat mate to fill it up? And if you applied on your own, there´s no way the spare room can be rented out??

 

You need permission from the landlord in order to sublet. Under certain circumstances the landlord can refuse permission. 

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8 minutes ago, dendenden said:

I am wondering so the only way subletting a spare room is allowed is only if you applied for a flat as 2? then in case one person left the flat, you can still find another flat mate to fill it up? And if you applied on your own, there´s no way the spare room can be rented out??

 

Subletting a room is allowed if you have permission from your landlord.  You could act as a landlord and sublet a room to someone but you will be responsible for rent and damages to the landlord or you could move in already with a roomie and have both your names on the lease.  Each has its advantages.

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