Subletting only with a surcharge – may the landlord demand that?
Risky — the clause disadvantages you and is worth challenging.
A surcharge for subletting is only permitted under § 553 para. 2 BGB if subletting would otherwise be unreasonable for the landlord. Flat surcharges without this justification are void.
What you can do next
Request a justification from the landlord for the surcharge. Blanket increases without concrete grounds are ineffective.
The law behind it
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Check the whole contractRelated questions
- Subletting generally banned in the rental contract – valid?
- Subletting allowed without a surcharge – what does that mean?
- Set-off ban in a rental contract – can the landlord do that?
- Fixed-term rental contract without a reason – is the term valid?
- Landlord may enter the flat at any time – is that allowed?
- Administration and repair costs billed as operating costs – do I have to pay?
General information based on German law and court decisions, checked by lawyers — not legal advice for your individual case.