If you don't want to give up your apartment, you can sublet it. However, this is not possible without the landlord's consent. What is important here?
Berlin (dpa / tmn) - Tenants can sublet their apartment. However, they need the consent of their landlord. This is pointed out by the owner association Haus & Grund Germany. In the event of unauthorized subletting, the tenant violates his contractual obligations and risks that the owner cancels the tenancy, as a decision by the Federal Court of Justice (BGH) shows (file number: VIII ZR 74/10).
In principle, the tenant is not entitled to a subletting permit if the entire apartment is sublet. However, a tenant may sublet part of the apartment. Important to note: The tenant may not give up the custody of the apartment completely, the BGH decided in another case (Az .: VIII ZR 349/13).
Tenants must also have a legitimate interest in subletting that only emerged after the rental agreement was concluded. This exists, for example, after a separation and the previous spouse's move out. Subletting must also be reasonable for the owner. This is not the case, for example, if the living space is overused.
Section 540 BGB
BGH decision to terminate
BGH decision to partially sublet
