Subtenant ripped off: Berliner demands double rent - now the case ends up at the BGH!

Image: nitpicker / shutterstock.com

Pay 460 euros, collect 962 euros? The BGH is taking a close look!

A case is causing a stir in Berlin in which this time it is not the owner but a tenant who is profiting. 42-year-old Abdur-Rahman El-Khadra is said to have sublet his own apartment - at double the price. For his 65-square-metre two-room apartment in Wilmersdorf, he paid 460 euros in rent, according to the court, but demanded 962 euros from the subtenant.

This is more than just a hefty surcharge - it even exceeds the maximum rent permitted under the Berlin rent cap, which would have been EUR 748. His landlady then filed a notice of termination - and was proven right by the Berlin Regional Court.

But El-Khadra doesn't want to take this lying down. He is taking his case to the Federal Court of Justice (BGH) in Karlsruhe and fighting to keep his apartment.

"I didn't want to earn anything from it"

The industrial engineer defends himself: "It wasn't my intention to make money from it." In his view, the high rent was justified - after all, he had left the apartment fully equipped with self-built furniture, a washing machine, TV and dishwasher.

The case dates back to the coronavirus period in February 2020, when El-Khadra said he was stuck abroad and therefore unable to use his apartment himself. He had asked the landlady - and permission to sublet was initially granted. However, nothing had been agreed about the exact amount of rent - and she allegedly knew nothing about the inflated rent.

The BGH must now decide whether this is sufficient as an excuse.

The case raises an exciting fundamental question

BGH judge Ralph Bünger made it clear at the hearing: the purpose of subletting is actually to allow tenants to keep their apartment and bridge financial bottlenecks - not to make a profit.

But is it even illegal to earn money by subletting? The highest court has not yet clarified this - which is precisely what makes the case so controversial. Because if the BGH sets clear limits here, it could mean new rules for tenants throughout Germany.

The verdict is expected on January 28, 2026. Until then, El-Khadra is allowed to stay in his apartment - despite the ongoing proceedings.

A brand new rental trick?

What is happening here is a reversal of the usual Berlin rental scenarios: It is not the owner who is setting the prices high, but the tenant - on the backs of other apartment seekers. The principle is simple: rent cheaply, sublet expensively, pocket the difference.

Legal or not? The BGH must clarify this. One thing is clear: such cases undermine the purpose of any rent control - and show that it is not only owners who are aware of the loopholes.

Subletting requires strict rules

Whether tenant or landlord - if someone wants to cash in on living space, the social idea ends with the account balance. Subletting is not a self-service business. Anyone who collects twice should not be surprised if the apartment is lost in the end. And if the BGH leaves this open, we say: Time to finally make it clear. Because otherwise the rent brake will soon become a slingshot price for trickery and deception.