Agree Subletting Safely for Tenants in Germany

What is subletting?

Subletting means that a main tenant lets part or all of the living space to a third party (subtenant). The main tenant usually remains responsible to the landlord for fulfilling the rental agreement (§§ 535–537 BGB).^[1]

Key points for tenants

• Clarify deadlines: Check the notice periods in the main lease and determine when the sublet should start.
• Written consent: If required, obtain the landlord’s written approval and attach it to the agreement.
• Set rent: Clearly agree what the subtenant pays and how utilities are billed.
• Apartment condition: Describe defects and conditions in writing to avoid later disputes.

Sample clauses and wording examples

Good sample clauses clearly state parties, start and end dates, rent amount, utility allocation, use of shared rooms, cleaning duties and the return condition. Example clause: "The subtenant pays a net rent of X euros monthly; utilities are allocated proportionally according to Y." Include signatures of main tenant, subtenant and, if available, the consenting landlord.

Duties, limits and legal notes

Landlord consent may be required; if a landlord refuses permission without valid reason, legal remedies are possible. For serious disputes, the local court (Amtsgericht) usually handles matters; higher instances include the regional court (Landgericht) and the Federal Court of Justice for precedent and legal questions.^[2][3]

Template: What belongs in a subletting agreement

• Parties and contact details: Names, addresses and contact information of both parties.
• Term and notice periods: Start, end and termination modalities of the sublet.
• Payment terms: Rent amount, due dates, bank details and utility arrangements.
• Keys and access: Regulation on key handover and the subtenant’s authorizations.

FAQ

Do I need the landlord’s permission for subletting?

Often yes; check your lease. In many cases the landlord’s consent is required, especially for long-term subletting.

Which clauses are particularly important?

Pay attention to term, rent amount, utility allocation, use of shared rooms and a rule for returning the apartment.

What to do in a dispute with landlord or subtenant?

Document defects and payments, try mediation and, if necessary, contact the local court or obtain legal advice.^[2]

How-To

1. Check deadlines: Read the main lease and note relevant deadlines.
2. Obtain written consent: Ask the landlord in writing for permission and document the response.
3. Set rent and utilities: Agree precise payment modalities with the subtenant.
4. Create documentation: Make a handover protocol, photos and a list of the apartment’s condition.

Key takeaways

• Clear written agreements reduce conflicts.
• Written landlord consent is often required.

Help and Support

• [1] Bürgerliches Gesetzbuch (BGB) §535 – Gesetze im Internet
• [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
• [3] Bundesgerichtshof – Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §535 – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Bundesgerichtshof – Decisions