Adjust Subletting for Tenants in Germany
When moving into a sublet, tenants in Germany have many practical questions: What should the sublease look like, which rights and obligations apply, and how are deposit, utilities and repair duties handled? This article explains step by step how you as a tenant can protect your interests, complete formal notices correctly and meet required deadlines. We show which official forms and court levels are relevant, how to report defects and secure evidence, and when legal advice or a proceeding at the local court may be necessary. The language remains clear so you can make confident decisions when moving in.
Subletting on Move-In — Rights and Obligations
The topic of subletting is governed by many rights and obligations in the Civil Code, especially regarding landlord duties and tenant protection.[1] Clarify before move-in which parts of the main lease also apply to the sublet.
In most cases the German Civil Code protects basic tenant rights.
Before Move-In: Contract, Consent and Deposit
- Check the sublease agreement (form) for term, permitted use and liability clauses.
- Clarify the security deposit (rent) and its safekeeping; check terms for repayment.
- Check deadlines (deadline) for termination and special arrangements.
- Obtain the main landlord's consent (form) and document it in writing.
Obtain any landlord permissions in writing and date the signatures.
Defects, Repairs and Evidence
The landlord has duties for maintenance and defect remediation under the Civil Code.[1] Report defects immediately and keep copies of all communications.
- Document defects with photos and dates (repair) and keep a defect log.
- Keep invoices and correspondence as evidence (evidence).
- Use official defect notifications (form) by registered mail if necessary.
Detailed documentation increases the chances of success in disputes with the landlord.
Deadlines, Termination and Court Proceedings
For disputes about payment, termination or eviction the Code of Civil Procedure governs procedural matters.[2] Tenancy claims usually start at the local court; appeals may go to the regional court and the Federal Court of Justice.[3]
- Observe objection and termination deadlines (deadline) carefully.
- Prepare documents for a possible proceeding (court), including the lease and payment records.
- Contact legal advice centers (contact) or the local court for procedural information if needed.
Respond to court letters within the stated deadlines, otherwise rights may be lost.
Frequently Asked Questions
- Do I need the landlord's permission to sublet?
- In most cases yes. Without consent the main landlord may have grounds to terminate; obtain written permission.
- How is the security deposit regulated for a sublet?
- The deposit amount and repayment should be in the sublease; request receipts and document the condition at move-in.
- When should I involve a local court?
- If out-of-court resolution fails, the local court is the first instance for tenancy disputes.
How-To
- Check the contract (form): Read term, permitted subletting purpose and deposit clauses.
- Obtain written consent (form) and safely store signed copies.
- Document defects (evidence): collect photos, dates and descriptions.
- If dispute: prepare a claim at the local court (court) with chronological evidence.
- On move-out (move-out): record the handover and document the key return.
Key Takeaways
- Obtain written landlord consent before moving into a sublet.
- Document defects and payments to support later claims.
- Contact the local court promptly if negotiations fail.
Help and Support / Resources
- Contact (contact): Civil Code (BGB) text for tenants at gesetze-im-internet.de
- Contact (contact): Information on the Code of Civil Procedure (ZPO) at gesetze-im-internet.de
- Contact (contact): Federal Court of Justice for precedents and decisions
