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German Law/subletting a flat


Guten Tag,
I know the German Law requires the landlord's permission for a sublease/sublet.
I have also read other posts (and BGB) on the topic.
My question is:

If I rent a flat suitable for commercial use (Gewerbe) with a view of occasional subletting it on a dayly basis (like B&B, but not exactly), do I still need the owner's permission.
I am a EU citizen, VAT registered in another EU country, so I guess, I can legally run my private business.
But my question is (again): do I need the owner's written permit for this as long as it it's in the leasing contract, that the apartment is suitable for commercial use. Actually, it's suitable both for commercial use and residence.
Thank you in advance

If the whole flat is sublet you would always need his permission. If it is sublet only in part with you also living in it you would still need his permission but you might have a respective claim for permission against the landlord in specific cases. Commercial subleting must be indicated to the local authorities. I also would advise you to check thoroughly whether the generation of income in Germany by subletting would be subject to German income taxation and VAT.

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Henning Haarhaus


I can answer questions in English, German and French. Practice in inheritance law, tax, labour and contract law for private clients. Services also rendered in the fields of business & commercial law; e.g. business organizations, contracts, debt collections, leasing law. Representing clients all over Germany. NO CONSULTANCY ON FAMILY AND IMMIGRATION LAW.


Working since 1999 in the forenamed fields. Henning Haarhaus` experience includes services in the legal department of Roedl & partner, the biggest tax consultancy firm of German origin. Appointed Bar Certified Tax Law Practioner in 2007.

Bar Association of Berlin, KIWANIS


German licensed lawyer and bar certified tax specialist

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