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Legal insights
Do tenants have a general right to sublease?
Yes. Subleasing is allowed, in general.
Are there any restrictions on subleasing for 1-12 months?
Yes, there are restrictions.
What kind of restrictions?
Subleasing is not possible without the landlord's consent unless the landlord's permission has already been explicitly given in the tenancy agreement.
Can a tenant extend the lease against the will of the landlord by using a legal instrument?
No, they cannot.
Can an extension be excluded by contract?
No, extensions can not be excluded by contract.
If not, why not?
The tenant can only extend the lease if it contains an option to extend.
Is liability insurance required by law?
No, liability insurance is not required by law.
Is liability insurance normally required by landlords for short-term leases?
No, landlords normally do not require liability insurance.
Do I need a permit to operate a retail shop?
No, a permit is not required to operate a retail trading business. There may be permits required for construction and other work, though.
If yes, where can I get one, and what do I need to consider?
In general, no special permits are required for the exercise of most businesses. However, certain businesses require special permits and licenses.
Please note that business registration is required in Germany. The registration must be made at the local trade office (Gewerbeamt) or regulatory agency (Ordnungsamt) before or at the same time as the start of the business.
What are the allowed opening hours?
Retail shops are allowed to be open without restriction on all working days. They must be closed on Sundays and public holidays.
What permits are necessary to extend opening hours? Where can these permits be obtained?
Exceptional permits under the Shop Closing Hours Act can only be granted if the exceptions are urgently required in the public interest. You can apply for the permits at the district office.
Do displays on the street require a permit? Where can it be obtained?
A special use permit is required. You can apply for one at the relevant district office.
Can I offer merchandise on the sidewalk?
A special use permit is required. Please apply at the local district office.
Do I need a permit to open a restaurant?
Yes, a permit is required.
What event permits are necessary (e.g. to serve alcohol)?
A permit in accordance with the Catering Act is required. Please contact the consumer protection office of the district.