Overview

• The Eighth Civil Senate heard arguments as presiding judge Ralph Bünger signaled skepticism that subletting may be used to earn profits, with a decision scheduled for January 28, 2026.
• The tenant charged 962 euros monthly while paying 460 euros net cold rent; the court indicated the rent cap would have allowed only about 748 euros in this scenario.
• The Berlin regional court had already upheld the landlord’s ordinary termination and ordered eviction after a lower court initially rejected the claim.
• The tenant says he did not intend to profit and cites a fully furnished flat, an extended stay abroad, an initial permission period, and retained belongings and a key.
• The dispute highlights gaps around furnishing surcharges, with the Justice Ministry preparing draft rules as tenant advocates push for clearer limits and disclosure.