According to the Law on Tenancy, an approval of the landlord or management company is required. The landlord may only invoke a contractual prohibition against the sublease, however, if there is good cause.
The general rule is that as long as you occupy your flat once more after the short-term rental and that the sublease merely covers your costs and is not intended as a profit, your landlord must give you permission. However, if you choose to sublet your flat to make a profit or on a daily basis to tourists, there are considerable risks.
We also recommend that you contact your administration in advance if you would like to sublet an apartment provided by the city administration, because there are different regulations depending on the city.
Ensure that you structure the sublease so that the subtenancy falls under the scope of the so-called ‘full exemption’ clause, i.e. that the Law on Tenancy does not apply. If you conclude a sublease contract that does not fulfil the conditions for full exemption, you run the risk of encountering a difficult legal situation as a result of the provisions of the Law on Tenancy.
Am I allowed to sublet my flat?
Yes, subletting is generally allowed, provided you intend to occupy the flat again yourself afterwards.
How much rent can/should I demand?
Our recommendation: as much as you pay yourself, including utilities, without surcharge for furnishings.
Do I have to inform my landlord?
Yes, you must inform him. In most cases, he must consent to the sublease.
Conditions for full exemption of the rental law
How can I ensure that my sublease contract falls under the scope of the full exemption clause?
How long am I allowed to sublet my flat?
Short-term sublets are generally limited to a maximum period of six months.
May the sub-tenant or I cancel the contract during this period?
No, the agreed rental period is binding for both parties.
Can I sublet my flat to anyone?
No, your sub-tenant must use your flat as a second flat for professional or holiday purposes.
Why is the furnishing category important?
The full exemption for subletting to professionals only applies for flats in furnishing categories A and B.
Am I liable for tax on income from the rental payments?
No, as long as you don't make a profit.
Do I have to pay local tax?
This is not usually necessary unless you are renting out your property for tourist purposes and/or for a short time.
Do I have to register my subtenant with the local authorities?
No, the sub-tenant must register him/herself.
What are my obligations as a subletter concerning the energy certificate?
As a subletter, you need to have an energy performance certificate and present it to interested parties.
What is the difference between sub-leasing with tempoFLAT and Airbnb?
The main difference is that with tempoFLAT, you rent out your apartment at a price that covers only your costs; you therefore will not encounter any issues with your building management, owner or tax authority.
I read in the newspaper that hoteliers and landlords bring cases against people who rent out their apartments privately. Is that true?
Yes, that does happen. But it does not affect you as a provider through tempoFLAT; those cases refer to private individuals who rent their apartments by the day to tourists to make a profit.
No responsibility is taken for the correctness of this information.