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What exactly are the sublet rules with regards to profiting?! Issues as a tenant, please help!
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Hello all,

Here goes the issue and the context.

Context: We got a 12 month lease from Wunderflats at an all inclusive price of 1550 Warm Rent. This lease was an official sublet from the main tenant who had sought the permission of the landlord for the same. Th period for the same was May'23 to April'23 and the sublease was extended by 6 more months after all the parties agreed for the same.

We got to know the following from the landlord who visited the house a couple of times to check radiators etc. the break-up of what the tenant told him and it is as follows and he shared a copy of the mail to us:

Warm rent: 1180 Euros
Reserves for possible additional payments: 150 Euros (150 Euro Rucklagen fur evtl Nachzahlungen (Energie))
Furniture: 160 Euros
This brings the total to 1490 and the rest of the 60 euros I assume help with electricity and internet (not part of the email)

Now, the landlord did the calculations for the warm rent energy consumption and returned some money to main tenant and told us to get the money back from her which when we asked she gave us back the money and we were happy.

The landlord after a month or so also told us that she is taking a reserve from you and "I am not aware of the contract you have with her but you must get good money back from her". Now, when we broached this reserve money topic with her (the main tenant), she refers to the contract and gave a rather aggressive push-back saying "I am pissed you are asking for refund when you agreed to rental terms..."

The reserves evidently have never been used by her(main tenant) and at 18 months; they are 2700 Euros!

We also got a text from the landlord saying this matter is between you and the main tenant (and he did not want to get dragged into this matter as we could understand from his message)

We do not know how to deal with this?! Is this a moral/legal obligation on her end to return this 'reserves' amount or not? Of-course, we agreed to pay 1550 without knowing any cost breakup and signed the contract but what is the right/legal thing to do on her end and on our end?

If she does not need to return the amount; she basically profited the money.

What do you think we must now do? We have three months before the sublease ends at the end of October.

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3 months ago