Important: The following information does not constitute legal advice or legitimization! The Berlin Regional Court has a case before it concerning, among other things, the legitimate interest in being allowed to sublet a rented apartment during a workation, even if the landlord prohibits this. It says: “A “workation” lasting several months may constitute a legitimate interest on the part of the residential tenant in temporarily subletting the apartment on a pro rata basis within the meaning of Section 553 (1) BGB. However, the tenant may not limit himself to a merely abstract presentation of his interest in subletting, but must present his plans in concrete terms; this applies all the more if he has attempted in the past to rent out the apartment behind the landlord’s back not only partially, but in total and for more than twice the contractual rent and for a period of up to twelve months.” (Reference to openJur)

We have asked the competent court to specify the “legitimate interest”. Unfortunately without success. It was also pointed out that another court does not necessarily have to follow the judgment. But it shows that you can save a lot of money. In the best case scenario, the landlord will of course allow subletting on his own initiative.