District Court of Munich, 08.09.2016, Case No.: 422 C 6013/16
A deterioration in financial circumstances can affect anyone. If this occurs after a tenant has signed a lease, and they are no longer able to pay the full rent, they can request the landlord’s permission to sublet part of the apartment.
Facts of the Case: Dispute over Permission to Sublet
In the case at hand, the plaintiff had rented an apartment in Munich since January 2012, consisting of three rooms, a kitchen, a storage room, and a shower. After her divorce, she took over the apartment from her ex-husband and had to bear the rent alone. In July 2013, her ex-husband stopped paying the monthly alimony of 800 euros, leaving her with only 530 euros for living expenses after deducting all other costs. To improve her financial situation, the plaintiff sought to sublet one room for 400 euros per month. However, the rental agreement prohibited subletting, and the landlord refused to grant permission.
Lawsuit Before the District Court of Munich
The plaintiff then filed a lawsuit before the District Court of Munich, seeking the landlord’s consent to sublet one room in order to reduce her housing costs. The court had to determine whether the landlord’s refusal was lawful and whether the plaintiff’s interest was sufficient to justify such a demand.
Judgment of the District Court of Munich
The District Court of Munich ruled in favor of the plaintiff. The deterioration in her financial situation after the contract was signed justified her request to sublet a room. The court found that the plaintiff had a legitimate interest in subletting in order to stabilize her financial situation.
Protection of the Plaintiff’s Living Situation
The court also recognized that the plaintiff had a legitimate interest in remaining in her familiar surroundings. The landlord could not force her to move to a cheaper apartment. This ruling strengthened the rights of tenants facing financial changes after signing a lease.
Source: District Court of Munich
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