Some misunderstandigs of landlords

Subleasing

Tenants may sublet parts of their apartment without the permission of the landlord, if it concerns the following groups of people:

• Close family members, such as spouses, parents or children (siblings, life companions or more distant relatives are not included)
• Visitors up to 6 or 8 weeks)
• Domestic or nursing staff

In addition, there is a right to sublease if the renter has a legitimate interest, such as

• Financial hardship
• Longer absence for professional reasons
• personal reasons such as to be unable to live alone in old age or for childcaree
  
• siblings in need of housing

If the landlord refuses his consent, the tenant can sue the landlord in these cases or he has a special right of termination the contract.

A landlord may not agree to sublet the rental if

• The tenant wants to sublet the apartment to tourists
• The apartment would be overcrowded by another resident
• There are indications that the lodger might disturb the house peace

Secondary key at the landlord

Basically, the landlord has to handover all the keys of the apartment to the tenant. He may only keep a key for himself if the renter agrees.

If the landlord enters the apartment without notice or without the permission of the tenant's apartment, the trespassing and may have criminal consequences.

Forbid smoking

The courts have yet to agree on the question of whether a ban on smoking can be effectively agreed.

However, the following trend is emerging: A pre-formulated, blanket prohibition in the rental agreement is ineffective and need not be complied with.

On the other hand, individual agreements that must (not) be smoked in which rooms, at what times or at what frequency must be observed.

WEG resolutions also apply to tenants

A regulation in the lease contract, according to which all decisions of the condominium community (WEG) are binding on the tenant, is ineffective. For example, the WEG can prohibit dogs and cat housing, but the owner can not always enforce this against his tenant.

The question of whether keeping animals is allowed or not must be clarified in current case law in the context of a comprehensive weighing of mutual interests in individual cases. (LG Nürnberg-Fürth, final judgment of 16.03.2017 - 7 S 8871/16)

Drill holes to be closed when moving out

In its ruling (AZ VIII ZR 10/92), the Federal Court of Justice (BGH) ruled that a clause stating that the renter must remove all dowels and properly close the drilled holes or replace drilled tiles is ineffective.

Turn off the heating if there is no rent

Even if the tenant pays no rent, the landlord does not have the right to turn off electricity, water or heating. If the landlord inadmissible the utility services, the tenant may demand the restoration.

Transfer the costs of drain cleaning to the tenant

The cost of cleaning drainpipes can not be claimed as operating costs.