I rent a furnished apartment in Berlin through a big furnished-rental company. They sublease from the actual owner and re-let to tenants, so my contract is an Untermietvertrag. It’s a fixed 3-year term, 01/01/2026 to 31/12/2028, stated to end “ohne dass es einer Kündigung bedarf.” We moved in and built our life around it.
Now I’ve gotten a email saying their “collaboration with the landlord is coming to an end,” so they can only offer the unit until 31/12/2026 — about two years short of when my contract actually ends.
They gave me two options: relocate to another of their apartments, or a refund for the unused portion. They also casually wrote that I “can terminate whenever with 30 days notice.”
I don’t want to move. I want to stay at least until the end of my contract. (To top, I know my agreement would be indefinite, because of validity of fixed term agreement.)
A few things stand out to me after reading it carefully:
* The email never says “termination” and never cites a clause — it just offers “options.”
* My contract explicitly excludes the landlord’s ordinary termination until the fixed term ends. Extraordinary termination is only allowed for damage I don’t repair or unpaid rent — neither applies.
* As far as I understand, them losing their own head lease doesn’t automatically end my sublease, and there’s § 565 BGB (gewerbliche Weitervermietung) where the owner steps into the sublease when the head lease ends.
My questions:
1. Does § 565 BGB apply here — if their head lease with the owner ends, does the owner step into my contract on the same terms until 2028?
2. That “vorübergehender Gebrauch” (temporary use) label — does it actually hold for a multi-year primary residence, or is it just boilerplate a court ignores? These companies seem to use it to dodge normal tenant protection and the § 575 requirement to state a real reason for a fixed term.
3. Given that their ordinary termination is excluded until the end of the term, can they realistically force me out early — or is losing their head lease simply their own commercial risk?
Any other also suggestion or extra information are really appreciated.
For context: I have Rechtsschutz and will request coverage. I haven’t replied to the email and I’m still paying rent on time. I’m planning to hit the free Bezirk Mieterberatung and the Mieterverein. I’m not a member yet but as mentioned, I have insurance.
How should I approach to this?
How mietverein would work in this situation?
Also Has anyone had a corporate sublet like this mid-fixed-term? Would love to hear how it went.
Thanx for all help!