Avoid Subletting Mistakes - Tenants in Germany

Many tenants in Germany face the question of how to properly agree on a subletting arrangement, especially when the main lease is extended. Common mistakes are unclear wording, missing landlord approval or incorrect deadlines that can later lead to conflicts. This article explains in plain language which points you as a tenant should check: approval requirements, fixed-term subleases, setting rent and utilities, and evidence and documentation. I also show practical steps for submitting forms, meeting deadlines and communicating with the landlord. The goal is to minimize risks and ensure you know your rights so that subletting and contract extension proceed legally secure and fair.

What applies to subletting and lease extension?

The Civil Code (Bürgerliches Gesetzbuch, BGB) primarily regulates the obligations of landlord and tenant, especially regarding use, approval requirements and duties in the event of defects, which are also important for subletting.^[1] When extending the main lease, tenants should check whether the contract contains an explicit clause on subletting and whether written landlord approval is required. Without clear regulation, uncertainty arises that can lead to disputes later.

Common mistakes and how to avoid them

• Unclear approval: Avoid verbal agreements; request written permission.
• Overlooking deadlines: Observe notice and reporting deadlines when extending or subletting.
• Incorrect rent: Specify rent and utilities clearly to avoid subsequent claims.
• Missing documentation: Receipts, photos and handover records protect you in later disputes.
• No rules on duration or purpose: Agree on fixed terms and purpose of use in writing.

Practical steps for tenants

1. Check the main lease for clauses on subletting and extension.
2. Obtain written landlord approval and keep the message.
3. Agree in writing on duration, rent and utilities for the sublease.
4. Create a handover protocol with photos and signatures at move-in and move-out.
5. Observe notice periods and respond in writing to any inquiries.

FAQ

Do I generally need the landlord's permission to sublet?

Generally yes. Many leases require the landlord's consent; if there is no clause, the situation is unclear and written consent is recommended.^[1]

What can I do if the landlord refuses consent?

In disputes, civil legal action is possible; tenancy disputes are usually heard at the local court (Amtsgericht) under the procedural rules of the ZPO.^[2]

Are there court precedents tenants should know?

Decisions of higher courts, especially the Federal Court of Justice, shape case law in tenancy matters and can be relevant in individual cases.^[3]

How-To

1. Draft a short written request for consent including name, address, duration and reason for subletting.
2. Attach relevant documents: copy of the main lease, ID copy of the subtenant and proposed rent arrangement.
3. Request a clear written response and set a reasonable deadline for reply.
4. Keep all incoming letters, emails and receipts carefully.

Help & Support

• Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
• Code of Civil Procedure (ZPO) — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de