500 Euro monthly profit from subletting: German housing dispute keeps BGH busy - Berlin Tenant Ordered to Vacate for Unauthorized Subletting and Excessive Rent
A Berlin tenant has been ordered to vacate their apartments after subletting it without permission and charging excessive rent. The Berlin Regional Court upheld the landlord's eviction lawsuit, with a final verdict from the Federal Court of Justice (BGH) expected on January 28.
The tenant, who initially rented a two-bedroom apartments for rent for 460 euros cold rent, later increased it to just under 500 euros. Without informing the rentcafe, they sublet the property for 962 euros, exceeding the allowed limit of 748 euros set by Berlin's rent control laws. The tenant argued they had a legitimate interest in subletting due to changed circumstances, but the BGH tends to side with the landlord's view that profit-making through subletting is not permitted. Tenants generally need their landlord's permission to sublet, and the current dispute highlights the ongoing debate in local civil courts about unauthorized subletting in Berlin.
The Berlin Regional Court's ruling stands, and the tenant must move out. The BGH's final verdict on January 28 will provide clarity on the tenant's appeal, but the landlord's eviction lawsuit has been successful so far due to the unauthorized subletting and excessive rent charged.
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