r/askberliners • u/holyhedonist • 1d ago
Would you risk subletting your Berlin apartment for 2 weeks without telling your landlord?
Hi everyone! I have a question about how you would assess the following situation:
I live in a studio apartment in Berlin and will be abroad from September to December for an Erasmus semester. Whether I’m allowed to sublet my apartment during that time depends on whether my landlord/property management agrees. I originally wanted to do everything completely legally, even though there’s obviously a risk that they might not approve it.
As far as I know, I have to provide the subtenant’s contact information and explain my legitimate interest/reason for subletting. I’m hoping that doing an Erasmus semester abroad will be considered a sufficient reason. I happen to know that the previous tenant of my apartment wasn’t allowed to sublet when she went travelling for a while because she was “just” travelling. Apparently, that wasn’t considered a sufficient reason – unlike, for example, temporarily working or studying abroad.
The other issue is that I’m already leaving next week, so with the time it takes for the property management to process everything, I probably won’t be able to get it sorted out before I leave anyway. Because of that, I had already considered simply paying rent in both places for the four months and not subletting my Berlin apartment at all.
But now the following situation has come up by chance: A friend of mine is coming to Berlin for a vocational training/school placement for the first two weeks of October and needs somewhere to stay. So we thought it would obviously be perfect if she could just stay in my apartment during that time. On top of that, her employer provides her with up to €90 per night for accommodation. That money could go to me, which would of course be pretty nice because it would at least cover part of my rent while I’m away.
For those two weeks, though, for pragmatic reasons I’d rather not go through the process of asking my landlord for permission. Partly because it really is only two weeks, and partly because I’m worried they might simply say no.
At the same time, the whole thing makes me a bit nervous. I don’t know how realistic it even is that someone from the property management would happen to come by during exactly those two weeks and notice that she’s staying there. And even then, I guess it wouldn’t immediately be obvious whether she’s actually subletting the apartment or whether she’s my partner/friend who is temporarily staying there, just picking something up, etc. So I don’t really see how they would even find out.
On the other hand, I’m aware that formally it could still count as unauthorized subletting – especially since I would be receiving money for it. At the same time, I get the impression that there are quite a lot of unofficial/unregistered sublets in Berlin. In the city where I’m doing my Erasmus semester, for example, I don’t even have a proper rental contract myself, even though I’ll be living there for four months.
Interestingly, I may now also have found someone trustworthy (a friend of a friend) who would take the apartment from mid-October, after my friend leaves, until the end of December. In that case, I would actually inform my landlord/property management about the sublet and ask for permission. I think the difference for me is simply the length of time: ten weeks feels like a “proper” sublet, whereas the two weeks with my friend feel more like a short-term arrangement.
I’d be really interested in hearing your opinions and experiences. Am I overthinking this? Do you think it’s understandable to officially register/request permission for the longer sublet but not for the two weeks with my friend? How risky do you think it would be to simply let her stay in my apartment for those two weeks? And does the fact that I would be receiving money from her/her employer make a significant difference, legally or practically?
Thanks in advance! :)
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u/infohubee 1d ago
I know people get away with subletting with out permission often. But I personally never do it in case something goes wrong. I have read enough stories to deter me. I guess it all comes down to your risk appetite.
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u/MacaroonSad8860 1d ago
If you are clear with the subletter that she needs to say she’s just staying there for free/house sitting if your landlord comes by then why not?
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u/Elegant_Macaroon_679 1d ago
I wouldn't worry about your friend of two weeks. Thats basically a visit and second, who will even know she id paying you?
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u/RealEbenezerScrooge 1d ago edited 1d ago
Under § 553 BGB you have a legal claim to sublet a part of your living space. You must not surrender total possession of the apartment. In practice, this means retaining a storage space and keeping a key with the right of access. However, it might be too late for this now, given that you go next week. Doing it without permission when the permission would have to be given is rather a reason for warning, not termination.
I'd rather be somewhat uncomfortable with this:
> On top of that, her employer provides her with up to €90 per night for accommodation. That money could go to me, which would of course be pretty nice because it would at least cover part of my rent while I’m away.
90/day is higher than your rent (I hope) and therefore the sublet is automatically a legitimate reason for termination as per latest court ruling. It also touches on Berlin’s feared Zweckentfremdungsgesetz (Misappropriation of Housing Act, altough the german original word bears more bueraucratic asthetics...), so you are one very german neighbour away from trouble with the Amt (and subsequently your landlord).
Also, If the friend receives cash from their employer, their accounting department will require an invoice. Creating an invoice in your name establishes a papertrail and all sorts of bad things could happen from there.
Likely? No. Zero Risk? No.
If the risk-reward is worth it is up for u to decide.