Die Rechtslage bei nicht selbst nutzenden Wohnraummietern

The scarcity of residential space in larger and university cities is leading to an increasing number of leases where the lessees have no intent to use the residential space themselves. Often, this occurs on initiative of the lessor, who does not accept financially weak applicants as lessee, but merely as subsequent user.
The intentional separation of lessee and user, however, is foreign to the system of the provisions on residential space lease and raises numerous legal questions. For instance, it must be reviewed whether and in which form the provisions relating to lessee protection can apply in favour of the user, and whether the unlimited contractual liability of the non-using lessee is valid with regard to sec. 551 para. 1, 4 German Civil Code. Moreover, the application of the so called contract for the benefit of third parties needs to be examined.
After detailed analysis, the author proposes solutions for the different scenarios of involvement of non-using lessees.