Guest or Subtenant: When Must the Landlord Be Informed?

Tenants have the so-called "right of domicile" in their own home, which includes the right to receive visitors. This right generally applies regardless of how often or for how long visitors stay. Guests may stay overnight, receive a key to the apartment, and even bring a dog, even if pets are prohibited in the building.

The situation changes if a guest resides in the apartment for extended periods. An uninterrupted stay of more than six weeks is generally considered an indication that the person has shifted their main place of residence to the apartment. In such cases, the tenant must inform the landlord, and in some instances, permission from the landlord may be required for subletting or shared occupancy.

If the tenant fails to inform the landlord, the landlord may, in the worst-case scenario, terminate the lease agreement. However, landlords generally cannot prohibit new individuals from moving in if there are justifiable reasons. The regulations are considerably more permissive when it comes to core family members, such as spouses, children, or parents. For them, approval is typically not necessary.

However, Michael Rempel, a legal expert at R+V insurance, recommends informing the landlord even when family members move in. An additional person in the apartment can affect utility costs, potentially requiring an adjustment to advance payments. Furthermore, renting out the apartment as a holiday home without permission is not allowed, as this can lead to serious breaches of contract and even termination.