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Rights to information where a subletting request is refused

If tenants wish to sublet their flats they generally have to request permission from their landlords. As a general rule, the landlords should then also agree to the plan. However, the District Court in Munich recently ruled that landlords may withhold permission for subletting if certain personal information about the potential subtenants has not been provided.

A tenant who wished to sublet one room asked permission of his landlady and in doing so stated the name and address of the candidate. Apart from that, he merely stated that the person was a “housewife aged around 50 to 55 years with a fixed income” who would thus be able to pay the € 400 in rent per month that he was seeking. However, after the landlady refused to give her approval, the tenant demanded compensation for unjustly withholding her permission for the room in his flat to be sublet. In the case in question, the District Court, in its ruling from 11.12.2019 (case reference: 425 C 4118/19), found in favour of the landlady. She was allowed to refuse permission because she had not been provided with sufficient information about the subtenant. Landlords should generally be provided with the name, date of birth, last address and likewise the professional activity performed by the subtenant.

Conclusion: Landlords may thus withhold permission for subletting if they are not given important personal information about the tenant. At all events, this should include the professional activity.

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