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I live in Germany and rented two rooms in a residential community ("WG") for several years. Recently, someone moved in who behaves very badly. He destroyed many things, smokes inside, always listens to loud music, has loud fights with his girlfriend very frequently and at all times of the day (and night), is very aggressive, etc. The landlord terminated his contract after the tenant destroyed the entrance door and the same day terminated his contract immediately ("Außerordentliche Kündigung") after he physically attacked me. But by then I had already terminated my contract. It ends at the 30th of June.

I found a different place to live. Now I want to rent my two rooms to someone else for the remaining two months so I don't have to pay double (for my old place and for my new place).

I can't really find a next tenant because the landlord wants to renovate the place after I moved out. There is a 3rd tenant but he too terminated his contract (ending at the same day as mine). However, people are potentially interested in living there for 2 months.

I asked him whether I am allowed to rent my rooms to someone else for those two months but he declined. He also does not want to let me stop paying rent earlier.

I read that you can rent your rooms to someone else because the landlord basically always has to allow it. But I'm not sure.

Is there a way for me to get what I want?

  • As the answer discusses, you have no recourse here. But if the landlord starts renovating before the end of your contract, you would likely be eligible for reduced rent. Starting the renovations before Jul 1 might be attractive to your landlord, so perhaps you can reach an agreement. – amon Apr 14 at 14:09
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This is called "subletting".

In Germany, subletting is allowed by §§ 540 and 553, however you do need to have the consent of the landlord/property manager.

So in your case, since your landlord declined to allow you to sublet, you cannot. The only other way to "get what you want" would be to move out and not pay, then hope the landlord doesn't sue you for the remaining rent. The landlord removed the issue you were having, so that isn't a valid reason to terminate earlier than what you've agreed to.

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  • But the problem is still there. He still lives here. Besides, I terminated my contract after two months of the problem living here and the landlord not removing him. – UTF-8 Apr 14 at 14:08
  • Being that the question is "can you sublet without the landlords permission", the answer is "no". If you want to ask a separate question about breaking your lease because you were assaulted, that would be a good idea. – Ron Beyer Apr 14 at 14:09
  • Doesn't § 553 allow me to rent at least one of my rooms to someone else? – UTF-8 Apr 14 at 15:30
  • @UTF-8 No, because of the first part of that first sentence referring to "after the initial period of the lease". Plus 540 still applies, you need permission of the landlord. – Ron Beyer Apr 14 at 15:33
  • Thank you for the hint about asking a separate question. I asked it here: law.stackexchange.com/questions/50699/… – UTF-8 Apr 14 at 15:56

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