Tenants: Subletting When Extending Lease in Germany

As a tenant in Germany, extending the lease can be an opportunity to formally arrange a subletting. Many tenants hesitate to ask the landlord or do not know which rights and duties apply. This guide explains clearly which legal rules matter, which forms and proofs you should prepare, and how to negotiate mutually acceptable agreements. You will get a practical checklist for conversations, sample wording for a written request and guidance on when a court may need to be involved. The aim is for you as a tenant to act securely and legally, protect your interests and resolve conflicts out of court where possible. I explain terms simply, list deadlines and show which documents help in disputes. Plus a practical section with sample phrases and tips on securing evidence.

What applies legally?

Fundamentally, the Civil Code (BGB) regulates landlord and tenant duties for the use of the dwelling, especially in §§ 535–580a.^[1] The possibility of subletting can be restricted or excluded in the lease; without explicit permission a tenant may face contractual problems when subletting. For interpretation and disputes, local courts (Amtsgericht), higher regional courts (Landgericht) and the Federal Court of Justice (BGH) decide.^[3]

Practical steps to agree a subletting

Use this procedure as a checklist before negotiating with the landlord. Documentation and clear deadlines help avoid misunderstandings.

• Check your lease for wording on subletting (Formular, clause) and note relevant sections.
• Send a written request including the subtenant's name, period and proposed rent split; send it by registered mail for documentation.
• Set a clear deadline for the response (deadline) and record deadlines and appointments in writing.
• Arrange payment obligations and deposit handling in writing (rent/payment) and clarify any extra costs.
• Secure evidence: lease, photos of the flat, written consent and payment receipts (evidence).
• For conflicts consider mediation or whether the local court (Amtsgericht) needs to be involved before filing a lawsuit.

Forms and templates (official and practical)

There is no nationwide official "subletting form", but two official sources matter: the BGB for legal rules and judiciary information for dispute procedures. Use template texts for the request and evidence collection, and refer to the applicable § in the BGB when you write to the landlord.^[1]

Sample short template: "Dear Mr/Ms X, I request written consent to sublet to Mr/Ms Y for the period DD.MM.YYYY to DD.MM.YYYY. Name, occupation, contact details of the subtenant and proposed rent share: XX euros." Send the template by registered mail and keep a copy.

When to involve a court

If the landlord unjustifiably refuses consent or does not accept an agreed arrangement, consider whether injunctive relief or contesting actions are appropriate. Lawsuits are usually heard in the local court; appeals go to the regional court and possibly to the BGH.^[2]

FAQ

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

Generally yes; the lease can require or forbid consent. If you have a legitimate interest the landlord may only refuse for an important reason.

Which documents should I prepare?

Name and creditworthiness proof of the subtenant, rental period, proposed rent split and all written correspondence with the landlord.

What if the landlord does not reply?

Record your request and deadlines; after a reasonable period send a written reminder and seek legal advice if necessary.

How-To

1. Prepare: check the lease and gather documents (form, proofs).
2. Write: send a template with all details by registered mail (evidence).
3. Set a response deadline: e.g. 14 days (deadline) and record it.
4. Negotiate the agreement: put rent share and deposit in writing (rent/payment).
5. Disputes: obtain legal advice and, if needed, involve the local court (court).

Help and Support / Resources

• Gesetze im Internet: BGB (Civil Code)
• Federal Court of Justice (BGH) — bundesgerichtshof.de
• Justice portal of the federal and state governments — justiz.de

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
4. [4] Justice portal of the federal and state governments — justiz.de