Zwischenmiete: contract, permission and liability
What to arrange before a Zwischenmiete (interim let), when someone else lives in your flat while you are away.
Before a Zwischenmiete, get your landlord's permission, sign a written sublease and take a Kaution (deposit). Record the flat's condition on handover day, because you are liable to your landlord for damage.
What a Zwischenmiete needs
During the Zwischenmiete, you remain your landlord's tenant. These points protect you.
- 1
Get permission
Get your landlord's permission in writing. It should name the interim tenant and the period.
- 2
Sign a sublease
Put the period, the rent, the Nebenkosten (service charges) and the notice terms in writing.
- 3
Take a Kaution
Take at most three months' rent and give a written receipt.
- 4
List the furniture
List what stays in the flat, with the quantity and condition of each item.
- 5
Record the handover
Record every room and the furniture on the day the interim tenant moves in.
- 6
Record the return
Do the same walk-through when you come back, and compare it with the handover.
Why this matters
Under § 540 Abs. 2 BGB, you are liable to your landlord for damage the interim tenant causes. You can only get the money back if there is a record of how the flat looked on handover day.
General information, not legal advice.
Frequently asked questions
Do I need my landlord's permission for a Zwischenmiete?
Yes, you always need your landlord's permission for a Zwischenmiete (§ 540 Abs. 1 BGB). You have a right to permission for part of the flat if you have a legitimate interest (§ 553 BGB).
Who is liable if the interim tenant damages something?
You are liable to your landlord for damage the interim tenant causes (§ 540 Abs. 2 BGB). You can claim the cost back from the interim tenant if you can show that the damage happened during their stay.
How high can the interim tenant's Kaution be?
The interim tenant's Kaution can be at most three months' rent without Nebenkosten (§ 551 BGB). Pay it back once you have the flat back, minus documented damage.
Also in this topic: Finding a Zwischenmieter without landlord troubleKaution for a furnished flat: furniture deductionsFurnished flat in Germany: does the Mietpreisbremse apply?Kaution for a Zwischenmiete: amount, return, deductionsAll guides: Furnished & short-term letting
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