A new ruling by the Federal Court of Justice (Bundesgerichtshof, BGH) in Germany marks a turning point for everyone planning a workation – a blend of work and vacation. According to this ruling, homeowners are obligated to allow their tenants to sublet individual rooms of their apartment. This opens up exciting opportunities for those who want to work remotely and travel, offering a way to reduce living costs and realize the dream of an extended work break in a different environment.
The Case: Subletting in Berlin
The case that led to this landmark BGH ruling centered around a Berlin father. After the birth of his second child, his family moved to a semi-detached house outside the city. However, he wanted to continue using his rented three-room apartment in Berlin, as his company’s headquarters was only ten minutes away. To cover the costs, he applied to sublet two rooms, which was initially approved on a temporary basis but later rejected by the landlord. After a legal back and forth, the BGH eventually ruled in favor of the tenant.
A Pioneering Judgment
The BGH ruling (VIII ZR 88/22 of September 27, 2023) clarifies that tenants generally have the right to sublet parts of their apartment to reduce their rent costs, regardless of whether the apartment serves as their main or secondary residence. The key factor is that the living space is used and not completely abandoned.
Reducing Accommodation Costs During Workation
Legal experts see far-reaching possibilities in this judgment for workation participants. It allows them to sublet their apartment or parts of it with ease during their stay. This not only eases the financial burden but also makes organizing a workation more attractive. By subletting their own apartment, the costs for workation accommodation can be partially or fully covered.
Conclusion
The BGH ruling opens up new financial freedoms for people who want to work remotely and travel simultaneously. The ability to sublet one’s own apartment during a workation minimizes costs and makes the dream of a longer break from everyday work life in a new environment achievable. Workations thus become an attractive and cost-efficient option for designing annual vacations.
