You sign a three-year lease for a furnished apartment in Berlin. The contract clearly states that the tenancy runs from January 1, 2026, until December 31, 2028.
You move in, register the apartment as your home, arrange work and family life around the location, and continue paying rent on time.
Then the corporate rental company sends an email saying its “collaboration” with the property owner is ending. It tells you that the apartment will only remain available until December 31, 2026—two years earlier than the date written in your agreement.
Instead of formally terminating the tenancy, the company offers two choices: move into another apartment or receive a refund for the unused part of the contract.
That email may sound final, but a commercial disagreement between the rental company and the property owner does not automatically cancel the rights written into your lease.
Quick Answer: A corporate rental company may not be able to end a fixed-term Berlin sublease simply because its own agreement with the property owner is ending. An ordinary email is not necessarily a legally valid residential tenancy termination, and § 565 BGB may require the owner to step into the sublease when a commercial intermediary’s head lease ends. However, the result depends on the head lease, the temporary-use clause, the fixed-term wording, and how the apartment was actually used. Do not accept relocation, a refund, or early termination before receiving qualified German legal advice.
Is the Company’s Email a Valid Lease Termination?
Not necessarily.
Under § 568 BGB, termination of a residential tenancy generally requires written form. A normal email usually does not satisfy the same formal requirements as a signed written termination notice.
The company’s message becomes even more questionable when it:
- Does not clearly say that the tenancy is being terminated
- Does not identify a contractual termination clause
- Does not explain the legal reason for ending the lease
- Does not use a signed written termination notice
- Only presents relocation and refund options
- Encourages the tenant to terminate voluntarily
The sentence saying that the tenant “can terminate whenever with 30 days’ notice” may simply describe an option being offered to the tenant. It does not automatically give the rental company the same right to terminate the lease.
Do not select either option or use language that might be interpreted as accepting an early end to the contract.
What Does § 565 BGB Mean for a Corporate Sublease?
Section 565 BGB deals with the commercial re-letting of residential property, known in German as gewerbliche Weitervermietung.
A typical arrangement may look like this:
- The property owner rents an apartment to a company.
- The company commercially re-lets the apartment.
- The final tenant uses the apartment as a residence.
- The agreement between the owner and company later ends.
When the requirements of § 565 are met, the property owner may step into the rights and obligations of the rental contract between the company and the residential tenant.
In practical terms, the owner may become the tenant’s new landlord rather than being allowed to treat the sublease as if it never existed.
This rule is designed to protect residential tenants when an owner deliberately uses a commercial intermediary to rent housing to members of the public.
Does § 565 Automatically Apply to Every Furnished-Rental Company?
No. The fact that a company rented and re-let the apartment is important, but it does not automatically settle the issue.
A lawyer would need to review facts such as:
- Whether the owner knew that the company would re-let the apartment
- Whether the head lease permitted commercial residential subletting
- Whether the company rented the property for its own commercial benefit
- Whether the apartment was offered to the general residential market
- Whether the final tenant used it as a genuine home
- Whether the owner authorized the specific subletting arrangement
- Whether the apartment was only intended for genuinely temporary accommodation
The head lease between the owner and the company may be critical. Unfortunately, the final tenant may not have access to it.
A lawyer can help request confirmation of:
- Who the actual property owner is
- When the head lease is allegedly ending
- Why it is ending
- Whether the owner knew about the sublease
- Whether the owner accepts or rejects the application of § 565
- What legal basis the company relies on when asking the tenant to leave
What Happens If § 565 Does Not Apply?
If § 565 does not apply, the situation may become more complicated.
There are two separate legal relationships:
- The contract between the property owner and the rental company
- The sublease between the rental company and the residential tenant
The company may have promised to provide the apartment until December 31, 2028. Losing its own right to possess the apartment could potentially place the company in breach of that promise.
However, a contractual claim against the company does not always guarantee that the tenant can remain physically inside property owned by someone who is not legally bound by the sublease.
Under § 546 BGB, an owner may in some circumstances seek possession from a third party after the main tenancy ends. Whether that can happen here depends heavily on whether § 565 protects the final tenant.
The tenant might therefore have:
- A right to remain under § 565
- A contractual claim against the rental company
- A possible damages claim
- A right to negotiate relocation compensation
- A combination of these rights
A tenancy lawyer must determine which position applies.
Does a “Temporary Use” Clause Remove Tenant Protection?
Some furnished-rental companies describe their agreements as being for vorübergehender Gebrauch, or temporary use.
Under § 549(2)(1) BGB, certain normal residential tenant protections may not apply when accommodation is genuinely rented only for temporary use. These exclusions can affect fixed-term and termination protections.
However, writing “temporary use” into a standard contract does not necessarily make the tenancy temporary in reality.
A court or lawyer may examine:
- Whether the tenant used the apartment as a primary home
- Whether the tenant registered the address as their residence
- Whether the tenant maintained another permanent home
- Why the apartment was rented
- Whether a temporary project, course, treatment, or work assignment existed
- Whether a specific temporary purpose was discussed before signing
- Whether the company uses the same clause in every contract
- How long the agreement was intended to last
A three-year agreement used as the tenant’s main residence raises a serious question about whether the tenancy was genuinely temporary.
However, length alone does not decide the issue. A three-year work assignment with a clearly planned end date could still have a temporary purpose.
The complete contract and the circumstances surrounding it must be reviewed.
Could the Fixed-Term Clause Be Invalid?
Section 575 BGB generally permits a residential fixed-term tenancy only when the landlord has a legally recognized reason for needing the property after the fixed period.
Qualifying reasons may include:
- Planned personal use by the landlord or qualifying family members
- Major renovation, demolition, or reconstruction
- Future occupation by an employee connected to the property
The landlord must normally communicate the fixed-term reason in writing when the agreement is entered into. If the legal requirements are not satisfied, the tenancy may be treated as indefinite.
A sentence saying that the tenancy ends on December 31, 2028, “without requiring termination” explains how a valid fixed term would end. It does not necessarily provide the statutory reason required under § 575.
However, § 575 may not apply if the apartment genuinely qualifies as temporary-use accommodation under § 549.
There may also be a separate clause excluding ordinary termination until December 2028. A lawyer should determine whether that exclusion remains enforceable even if the fixed-term clause itself is invalid.
Do not assume that an indefinite tenancy is automatically better or worse. The consequences for termination rights may be different.
Can the Company Force the Tenant to Leave in 2026?
The email alone does not mean the tenant must move out.
Before the company could realistically force an early departure, several questions would need to be resolved:
- Was a valid termination notice served?
- Does the company have a contractual termination right?
- Is there an extraordinary termination ground?
- Is ordinary termination excluded until 2028?
- Does § 565 transfer the tenancy to the owner?
- Does the temporary-use exception apply?
- Is the fixed term legally valid?
- Does the owner have an independent possession claim?
The end of the company’s commercial arrangement with the owner is not automatically equivalent to unpaid rent, serious property damage, or another tenant breach.
It may be the company’s commercial problem, but the tenant’s right to remain still depends on whether the owner becomes legally bound by the sublease.
What Should the Tenant Do First?
1. Continue Paying Rent on Time
Do not stop paying rent because the company has announced that its head lease may end.
Rent arrears could create a genuine termination ground and weaken the tenant’s position.
Continue using the existing payment method unless a lawyer or a verified new landlord provides proper written instructions.
2. Do Not Accept Either Option
Do not immediately:
- Select another apartment
- Accept a refund
- Give 30 days’ notice
- Sign a termination agreement
- Return the keys
- Agree to a move-out date
- Accept that the original contract has ended
Request legal advice before agreeing to any change.
3. Organize Every Relevant Document
Collect:
- The complete signed lease
- Every contract annex
- The original apartment advertisement
- Emails exchanged before signing
- The company’s latest message
- Proof of rent payments
- Deposit payment records
- Residence registration documents
- Communications about the three-year term
- Any explanation of “temporary use”
- Information identifying the actual owner
- Your legal-expense insurance policy
Use the Insurance Document Checklist Generator to create a basic list of policy documents, correspondence, payment records, evidence, and supporting information to organize before contacting your insurer or lawyer. The tool provides general insurance-document guidance and is not specifically designed for German tenancy law.
4. Create a One-Page Timeline
Your timeline should contain:
- Date the lease was signed
- Contract start date
- Agreed end date
- Date you moved in
- Date the apartment was registered as your residence
- Date the company sent its email
- Any deadline stated in the email
- Dates of all later communications
This makes it easier for a lawyer, insurer, Mieterverein, or district adviser to understand the problem quickly.
5. Avoid Making Admissions
Do not write that you “understand the lease must end” or that you are “happy to discuss moving.”
A neutral response could state:
I do not agree to terminate or amend the tenancy and I do not accept either proposed option. Please confirm whether your email is intended as a formal termination. If so, please identify the legal and contractual basis, the effective date, and the reason relied upon.
A German lawyer should review the final reply before it is sent.
How Should the Tenant Use Rechtsschutz Insurance?
Because the tenant already has legal-expense insurance, the next step should be requesting a written Deckungszusage, meaning confirmation that the insurer will cover the dispute.
Before contacting the insurer, review whether the policy includes:
- Residential tenancy disputes
- The correct insured address
- The housing or property module
- Pre-litigation legal advice
- Court representation
- Disputes involving both the sublessor and actual owner
- A waiting period
- A deductible or Selbstbeteiligung
Use the Insurance Coverage Gap Checker to prepare general questions about policy limits, exclusions, deductibles, policy dates, and changes that may affect coverage. It cannot confirm German Rechtsschutz coverage, but it can help identify areas to discuss with the insurer.
Provide the insurer with:
- The tenancy contract
- The company’s email
- The date the dispute began
- A short factual timeline
- The requested legal questions
- The lawyer’s details, if already selected
Ask the insurer:
- Does my policy include Wohnungs- und Grundstücks-Rechtsschutz?
- Is this apartment covered as my insured residence?
- Has the waiting period expired?
- What date does the insurer consider the legal dispute to have started?
- Does the policy cover both the corporate sublessor and the property owner?
- Can I choose my own lawyer?
- What deductible applies?
- Do I need written approval before instructing the lawyer?
Legal-expense insurance may cover lawyer, court, expert, witness, or enforcement costs, subject to the policy’s terms, limits, and deductible.
Understand the Deductible Before Instructing a Lawyer
Some Rechtsschutz policies require the insured person to pay a fixed deductible for each legal matter.
For example, if the policy has a €300 deductible and the first legal invoice is €250, the insurer may not make a payment toward that invoice.
You can use the Deductible vs Premium Calculator to understand the general relationship between insurance premiums and deductibles. The calculator is not designed to estimate German legal fees or determine what a particular Rechtsschutz policy will pay.
What If the Rechtsschutz Insurer Refuses Coverage?
A rejected legal-expense insurance request does not necessarily mean the tenant has no legal case.
The insurer may refuse coverage because:
- The housing module was not included
- The waiting period had not expired
- The dispute began before the policy started
- The insured address was not covered
- The matter falls under an exclusion
- Required documents were missing
- The insurer considers the dispute premature
- Prior approval was required
Before accepting the decision, ask for the refusal in writing and request the exact policy clause being relied upon.
The Insurance Claim Denial Risk Checker can help organize common questions concerning policy status, coverage dates, exclusions, missing documents, deadlines, and inconsistent information. It cannot determine whether a German Rechtsschutz claim should legally be accepted.
You can also review Why Do Insurance Claims Get Denied? for a plain-English explanation of common documentation, exclusion, timing, payment, and policy-period problems.
How Does Berlin’s Free Tenant Advice Work?
Every Berlin district provides access to free tenant-advice services for residents of that district.
These services can help with:
- Tenancy contracts
- Termination protection
- Rent increases
- Modernization issues
- General residential tenancy questions
The official Berlin service states that the district consultations are free, but they do not include representation in court.
Take the following documents:
- Complete tenancy agreement
- Company email
- One-page timeline
- Proof of rent payments
- Temporary-use clause
- Fixed-term clause
- Termination clauses
- Rechtsschutz policy
- Any owner information
The district advice service can provide an initial assessment, but a dispute involving § 565, corporate subletting, and a head lease may require a specialist tenancy lawyer.
How Would the Berliner Mieterverein Help?
The Berliner Mieterverein can provide tenancy-law consultation and may assist with correspondence or attempts to resolve a dispute outside court.
However, joining after the dispute has already started does not necessarily provide insurance coverage for the existing case.
The Mieterverein’s process-cost insurance generally requires:
- Active membership
- Payment of the required membership contribution
- Completion of a three-month waiting period
- The insured dispute to arise after that waiting period
- Prior consultation and an attempt to resolve the matter outside court
The published terms state that coverage normally applies only to insured events arising after the three-month waiting period.
Because the company has already sent the disputed email, joining now may not provide retroactive court-cost coverage for this particular problem.
Membership may still be useful for:
- Reviewing the contract
- Understanding the fixed-term clause
- Assessing the temporary-use wording
- Preparing a response
- Identifying the correct legal specialist
- Receiving help with future tenancy disputes
The tenant should tell the Mieterverein immediately that they are a subtenant of a commercial rental company and ask whether advice extends to both:
- Claims against the corporate sublessor
- A possible possession claim by the property owner
Common Mistakes to Avoid
Agreeing to Relocate Before Receiving Legal Advice
Accepting another apartment could be interpreted as replacing or ending the current tenancy by agreement.
Signing an Aufhebungsvertrag
An Aufhebungsvertrag is a mutual termination agreement. Signing it may waive rights that the tenant could otherwise enforce.
Stopping Rent Payments
Continue paying rent unless a qualified lawyer gives a specific legal reason not to do so.
Relying Only on Telephone Conversations
Keep communication in writing. After a phone call, send a short email confirming what was discussed.
Assuming “Temporary Use” Is Automatically Valid
The label matters, but the actual purpose and circumstances of the tenancy may also matter.
Assuming the 2028 Date Guarantees Possession
The tenant may have a strong contractual claim against the company, but the right to remain against the actual owner may depend on § 565.
Failing to Check the Rechtsschutz Waiting Period
Legal-expense policies may refuse coverage when the event causing the dispute occurred before coverage began or during a waiting period.
Renewing Insurance Without Reviewing Housing Protection
After this dispute is resolved, use the Insurance Renewal Checklist Generator to review policy modules, deductibles, exclusions, insured addresses, waiting periods, coverage limits, and renewal changes before the next Rechtsschutz renewal.
What Questions Should Be Taken to the Lawyer?
Ask the tenancy lawyer:
- Does § 565 BGB apply to this corporate rental structure?
- Is the company’s email a legally effective termination?
- Does the temporary-use exception under § 549 apply?
- Is the fixed term valid under § 575?
- If the fixed term is invalid, is the tenancy indefinite?
- Does the contractual termination exclusion remain valid?
- Can the owner claim possession if § 565 does not apply?
- Should the owner be contacted?
- What evidence is required to prove commercial re-letting?
- Could the tenant claim damages if the apartment cannot be provided until 2028?
- Should any proposed settlement include moving costs, increased rent, legal expenses, storage, temporary housing, and deposit protection?
- Does the existing Rechtsschutz policy cover the dispute?
The Bottom Line
A corporate furnished-rental company cannot necessarily cancel a three-year Berlin tenancy merely because its own agreement with the property owner is ending.
The email may not be a legally effective termination. Section 565 BGB may require the owner to step into the sublease, while the temporary-use and fixed-term clauses may need careful legal examination.
At the same time, the tenant should not assume that the written 2028 date automatically guarantees physical possession. If § 565 does not apply, the contractual case against the company may be different from the right to remain against the owner.
Continue paying rent, do not accept relocation or a refund, preserve every document, request Rechtsschutz coverage, visit Berlin’s free tenant-advice service, and obtain advice from a German tenancy-law specialist before making any agreement.
For other general policy-review and claim-preparation resources, visit the Free Insurance Tools Hub. It includes educational tools for checking coverage gaps, organizing documents, reviewing deductibles, preparing insurance claims, and checking renewal issues.
Educational Disclaimer
This article is for general educational and informational purposes only. It is not German legal advice, insurance advice, or an assessment of an individual tenancy agreement.
The outcome depends on the complete lease, the head lease, the parties’ communications, the actual use of the apartment, the insurance policy, and current German court interpretation. Consult a qualified German tenancy lawyer, Berlin tenant-advice service, recognized Mieterverein, or the relevant legal-expense insurer regarding a specific situation.
I’m Muhammad Waqas, the creator of Insurance Shield US. I write simple insurance guides, checklists, and tool-based content to help everyday readers understand coverage gaps, claim risks, policy documents, and renewal mistakes. My content is for educational purposes only and does not replace advice from a licensed insurance professional.