Agree Subletting – Tenant Rights in Germany

When moving into a new apartment, many tenants in Germany wonder if and how subsequent subletting is possible. This guide explains in plain language which rights and obligations you have as a tenant, when the landlord's consent is required and which proofs are helpful. You will learn how to obtain consent, which deadlines and formal steps are important, and how to act if the landlord refuses. Practical examples show how a consent request can look and what information it should contain. We also name competent courts, appropriate official forms and tips for securing evidence so that you can act objectively, prepared and legally secure.

What is subletting?

Subletting occurs when the tenant allows a third party (subtenant) to use parts or the whole apartment while the main tenancy continues. It often concerns temporary solutions, for example during long absences or when sharing living space. The crucial point is whether the rental agreement or the law requires the landlord's consent.

Rights and obligations when moving in

• You remain legally responsible for the total rent as the tenant.
• The landlord's requirement for consent may be regulated in the rental contract.
• Subletting without permission can lead to warnings or termination.
• Document agreements in writing, including informal arrangements.

Obtaining consent: practical steps

1. Prepare a short written request with the subtenant's name and the duration.
2. Include proofs: ID, income details or references of the subtenant.
3. Send the request by registered mail or deliver it in person and document the receipt.
4. Keep copies of all letters and replies.

Refusal by the landlord

The landlord may only refuse permission for subletting for justified reasons, such as overcrowding of the apartment or impairment of legitimate landlord interests. Relevant statutory provisions can be found in the German Civil Code (BGB, §§ 535–580a)^[1]. If the landlord refuses without justification, you should seek discussion and request the reasons in writing.

Court steps and official forms

If an amicable solution cannot be reached, tenancy disputes are decided by the local courts (Amtsgerichte); higher instances are the regional courts and the Federal Court of Justice.^[2] Relevant official forms and procedural aids are important:

• Application for legal aid (PKH): Tenants who cannot bear court costs themselves can apply for PKH; it helps when suing against the landlord's decision. Example: You file PKH if you want to sue a denied consent.
• Power of attorney for proceedings: If you appoint a representative, a written power of attorney for legal proceedings is sufficient.
• Eviction claim: Rarely used for subletting issues, but the landlord may file it for serious contract breaches.

FAQ

Who must consent to subletting?

Generally the landlord. If a clause is in the rental contract, follow its provisions; otherwise the statutory regulation in the BGB applies.^[1]

Can the landlord refuse consent?

Yes, for justified interests such as overcrowding or disturbance of house rules. If refusal is ungrounded, legal steps are possible.

What proofs are useful when applying?

ID of the subtenant, duration details, rent agreement and, if applicable, income proofs or references.

How-To

1. Prepare application: name of subtenant, duration, reason for subletting.
2. Collect proofs: ID, income proof, written agreement with subtenant.
3. Submit the request to the landlord and document receipt (e.g., registered mail).
4. If refused: request the reason in writing and seek legal advice.
5. For court action: local court (Amtsgericht), check PKH eligibility and have power of attorney ready.^[2]

Key Takeaways

• Always request landlord consent in writing and keep records.
• Ask for written refusal reasons before escalating the case.
• Use official forms like PKH if court costs are a barrier.

Help and Support

• German Civil Code (BGB) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions
• Federal Ministry of Justice – Forms & Information

1. [1] German Civil Code (BGB) §§ 535–580a
2. [2] Competence of local courts (justiz.de)
3. [3] Application for legal aid (PKH) – Forms (BMJV)