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Old 03.01.2016, 13:19
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Sub-subletting during subtenant's temporary leave

Hello EFers!

I have a kinda specific request, so I checked the FAQs but not sure if it's there. I live in a WG for 3 people, where I am the main tenant and the other two sub-lease the rooms from me (it means that I have the renting contract with the landlord, and the other two have subrent contracts with me, of course with the knowledge of the landlord). Now one of my roomies will be on a trip for several months, but both she and us want her to stay in our flat after her return. And for those months, we would look for a temporary flatmate. Now the question is: the flat is meant for 3 people (and we will be always 3 people), but if I make another subrent contract for the new person, I will seem to have 3 subtenants (even though one is not really present)? Also, the idea is that my roomie doesn't pay rent during those months. If on the other hand my roomie sublets, that would be a "sub-sublet", which I'm not sure it's allowed.
So in other words the options are:
- I take the new temporal flatmate and for a while we are 4 "in paper", even though my roomie is not here and doesn't pay.
- My roomie somehow sub-sublets her room and the new person pays her.
- We terminate the current contract with my roomie, but make another that starts when she returns. In the meantime, we make a fixed-term contract with the new person (sounds a bit complicated...)

What do you think is the best? Thanks in advance for the help, you're the best! =)
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Old 03.01.2016, 16:39
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Re: Temporal leave in sublet?

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Hello EFers!

I have a kinda specific request, so I checked the FAQs but not sure if it's there. I live in a WG for 3 people, where I am the main tenant and the other two sub-lease the rooms from me (it means that I have the renting contract with the landlord, and the other two have subrent contracts with me, of course with the knowledge of the landlord).

For general understanding for other EFers: If you're the only one with the contract with the landlord (Hauptmieter) and thus are liable for all damages, and the other roomies have contracts only with you (they are your Untermieter), you are the one who has the say-so in the flat. Whoever has the contract with the landlord does. If you three each had a contract with the landlord, you'd be Mitmieter (sharing liability).

Now one of my roomies will be on a trip for several months, but both she and us want her to stay in our flat after her return. And for those months, we would look for a temporary flatmate.


Oh, and welcome to the forum.

OK

Now the question is: the flat is meant for 3 people (and we will be always 3 people), but if I make another subrent contract for the new person, I will seem to have 3 subtenants (even though one is not really present)?

Now: 1 Hauptmieter (you) and 2 Untermieter (roomie 1 and roomie 2)
During roomie 1's trip: 1 Hauptmieter (you), roomie 1 replaced by substitute and roomie 2 (2, not 3 Untermieter)


Also, the idea is that my roomie doesn't pay rent during those months. If on the other hand my roomie sublets, that would be a "sub-sublet", which I'm not sure it's allowed.
So in other words the options are:
- I take the new temporal flatmate and for a while we are 4 "in paper", even though my roomie is not here and doesn't pay.
- My roomie somehow sub-sublets her room and the new person pays her.
- We terminate the current contract with my roomie, but make another that starts when she returns. In the meantime, we make a fixed-term contract with the new person (sounds a bit complicated...)

What do you think is the best? Thanks in advance for the help, you're the best! =)
I'd make a contract between you and the new subtenant who is to replace your roomie 1 (meaning, the replacement of roomie 1 becomes your subtenant) for the duration of her trip, and put a clause in it that the subtenancy ends when your roommate returns from her trip, or better, on a specific date. End your roomie 1's contract and she can sign a new contract which is to start when she returns.



Avoid the sub-subletting route. It might seem easier at first glance, but consider this if things go haywire:

You are already liable for your roomie 1 and roomie 2's damages to the flat, and don't want to run into problems in case your landlord says that a sub-sublet isn't something he'd agree to. Link (German)
Also, the whole "is roomie 1 responsible for the replacement's damages or is christinanaru responsible for them" question can be avoided - if someone is your subtenant, you are responsible. If you assume that a sub-sublet is permissible and thus your roomie 1 thinks she's responsible for the replacement's damage, and at the end of the day you find out that the sub-sublet wasn't permissible and thus you are suddenly responsible, that's probably not something you're aiming for, because knowing what your status is from the get-go is always better.

So: You sublet, now to roomie 1 and 2, during trip to roomie 1's replacement and roomie 2, after trip to roomie 1 and roomie 2.
Roomie 1 doesn't pay during trip because her lease is voluntarily terminated before the trip. A new sublease with roomie 1 starts upon her return from her trip.

I hope that you find a replacement for roomie 1 who doesn't argue when asked to move out, or that might bring up problems for you and roomie 1.



Oh, and welcome to the forum.

Last edited by glowjupiter; 03.01.2016 at 17:11.
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Old 15.01.2016, 00:25
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Re: Sub-subletting during subtenant's temporary leave

Oh my, I just realized that I forgot to answer back. Thanks so so much for your reply!!!
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