How to Sublet Correctly for Tenants in Germany

Many tenants face the question of whether and how they may sublet parts of their apartment. This text explains clearly and practically which rules apply in Germany, which formulations in the sublease are important and which typical mistakes you should avoid. I show how you can secure the landlord's consent and minimize legal risks with model clauses, sample letters and concrete checkpoints. You will also learn which deadlines, duties and proofs are important, how to arrange repairs and service charges and when a court may become involved. The goal is that tenants in Germany can decide confidently and agree on legally secure sublets. Practical templates and a step-by-step plan help you to prepare requests to the landlord in writing and to observe deadlines.

What applies legally?

German tenancy law in the BGB regulates duties of landlord and tenant, including permission to sublet and the review of the landlord's legitimate interests.^[1] Basically, a tenant needs the landlord's permission to sublet, unless the landlord can demonstrate an important reason to refuse.

Typical mistakes when subletting

• Not obtaining the landlord's consent in writing and agreeing only verbally.
• Unclear or missing provisions on duration, share of rooms or on the use by the subtenant.
• Missing agreements on rent amount or apportionment of utility costs between main tenant and subtenant.
• Poor documentation of requests, consents, payments and handover protocols.

Important clauses for the sublease

A sublease should include at least the following points: name and duration of the sublease, exact description of the rooms, rent including utilities, rules on damages, purpose of subletting and termination periods.

• Wording on the duration and purpose of the sublease (e.g. fixed term for 6 months, study-related reason).
• Clear note whether utilities are charged as a flat rate or proportionally.
• Provision on access, key handover and liability for damages.

Request to the landlord: procedure and sample letter

Phrase the request for permission in writing, name the subtenant, duration and reason. A sample letter helps to convey all necessary information compactly and to set deadlines.

• Set a clear deadline for a response (e.g. 14 days) so you have planning security.
• Attach a copy of the subtenant's ID and a brief proof of solvency if appropriate.
• Refer, if necessary, to proposed model clauses in the appendix of the letter.

If the landlord refuses

The landlord may refuse consent if legitimate interests exist (e.g. overcrowding or disturbance of the peace). Check the justification and document everything in writing. In case of unclear refusal, legal advice or a discussion with the local court as a mediation option can be useful.^[2]

Practical checklist before signing the contract

1. Check the landlord's written consent and keep it safe.
2. Use clear contract clauses on duration, rent and utilities.
3. Agree who is responsible for repairs and defects.
4. Note deadlines for termination and extension of the sublease.

Forms and official templates

There is no legally required "subletting certificate", but some official templates are useful:

• Termination letter template (BMJ) for cases where the main tenancy ends and handovers need to be arranged; use the template for the formal termination of tenancies.
• Landlord confirmation (Wohnungsgeberbestätigung) – required when moving or handing over keys, issued by the landlord.
• Sample letter for permission to sublet: state name, duration, rent and purpose clearly and present it to the landlord.

Examples: Use the termination template when the main tenancy ends and the sublease must be arranged; the landlord confirmation is needed at the registration office when the subtenant moves in.

Frequently Asked Questions

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

Yes, as a rule consent is required unless the lease explicitly states otherwise or it is only a minor shared use.

Can the landlord arbitrarily refuse permission?

No, the refusal must be based on legitimate interests; otherwise consent can sometimes be enforced in court.

Should the sublease be in writing?

Yes, written agreements create clarity regarding deadlines, rent and responsibilities.

How-To

1. Draft a sample letter to the landlord with the subtenant's name, duration and rent amount.
2. Set a clear response deadline (e.g. 14 days) and request written consent.
3. Secure all documents: consent, payment receipts and handover protocol.
4. If necessary, seek legal advice or contact the local court to clarify the matter.

Help and Support

• Gesetze im Internet: BGB (legal basis)
• Federal Court (BGH): decisions and guidance
• BMI: Landlord confirmation (Wohnungsgeberbestätigung)

1. [1] BGB §§535–580a on gesetze-im-internet.de
2. [2] Federal Court (BGH) decisions
3. [3] Landlord confirmation on bmi.bund.de