Secure Subletting Agreements for Tenants in Germany

When moving into an apartment where subletting is planned, tenants in Germany should make clear written agreements from the start. This helps avoid later conflicts with the landlord or subtenant and clarifies applicable rights and obligations. Typical points include landlord consent, the exact duration of the subletting, the amount of subrent, allocation of utility costs, and liability for damages. This page explains useful phrasing, relevant legal bases, and practical steps to observe at move-in so your subletting is legally secure and transparent.

What to agree at move-in when subletting

Before moving in, you should clarify permission to sublet in writing. Legally, the question of transferring use to third parties is regulated and affects the relationship between main tenant and landlord.^[1] General duties and tenant rights in residential tenancy are found in the BGB, §§ 535–580a.^[2] Always document agreements in detail: who pays which utilities, how long the sublet runs, who is liable for damages, and how the use of communal areas is governed.

• Obtain written consent from the landlord (form).
• Define duration and deadlines for the subletting (deadline).
• Clarify the amount of subrent and utility cost sharing (rent).
• Create written inventory and handover protocols (document).
• Agree on rules for apartment use and keys (entry).

Rights, duties and liability

Clear rules protect both parties: the main tenant remains responsible to the landlord while the subtenant must pay rent on time and avoid damage. Inform the subtenant about house rules, smoking or pet policies, and who is responsible for repairs. For major damages the landlord can hold the main tenant liable; therefore, clarify liability in writing.

• Who covers repair and maintenance costs? (repair)
• Collect receipts for payments and communications (document).
• Document rules on safety and house regulations (safety).

Practical wording and sample letters

There is no single mandatory form for subletting; however, a clear informal application to the landlord with the following information is practical: subletting period, subtenant name, agreed subrent, note on utility costs and main tenant signature. Attach a handover protocol and request the landlord's written consent.

• Sample wording: "I hereby request consent to sublet to [Name] for the period from [date] to [date]." (form)
• Include a handover protocol with meter readings and room condition (document)

Frequently Asked Questions

Do I need the landlord's consent to sublet?

Yes, generally landlord consent is required; § 540 BGB deals with the transfer of use to third parties and consequences without consent.^[1]

What deadlines or conditions are common?

Typical rules cover duration, termination deadlines and the duty to report changes without delay. Set clear deadlines in weeks or months in the agreement.^[2]

Which court handles disputes?

Tenancy disputes are usually heard in the competent local court (Amtsgericht) in the first instance; higher instances include district courts and the Federal Court of Justice (BGH).^[3]

How-To

1. Write a formal request to the landlord and state the period (form).
2. Prepare a handover protocol with meter readings and defects (document).
3. Set a deadline for reply, e.g. 14 days (deadline).
4. Agree the subrent and utility sharing in writing (rent).
5. Record access and key handover rules (entry).
6. If disputes arise, seek legal guidance and observe deadlines (contact).

Help and Support

• Direct access to the BGB on gesetze-im-internet.de
• Federal Court of Justice (BGH) - Decisions and information
• Justice portal: information on local courts and jurisdiction

1. [1] §540 BGB - Transfer of use to third parties (Gebrauchsüberlassung an Dritte)
2. [2] German Civil Code (BGB) §§535–580a
3. [3] Federal Court of Justice (BGH) - Jurisdiction and decisions