Sublease Checklist for Tenants in Germany

As a tenant in Germany you want to agree a sublease safely and legally. This checklist guides you step by step through the key checks: whether the main lease permits subletting, which rights and duties arise, how to obtain formal consents and which deadlines apply. You will learn which official forms or proofs are relevant, how to document defects and rent adjustments and when a conversation with the landlord or the local court is necessary. The guide helps avoid common pitfalls and strengthens your position as a subtenant without making legal terms hard to understand. At the end you will find a sample form, notes on timely objections and links to official authorities such as the local court and the Federal Court of Justice for case law.

What to check

Before subletting, check the following points systematically so rights and duties are clear:

• Check the lease: Does the main lease include subletting and what conditions apply?
• Check deadlines and duration (deadlines): Are there time limits or notice periods?
• Obtain written consent (form): Always get the landlords permission in writing.
• Clarify rent, utilities and deposit (rent): Who pays which amounts and how are they settled?
• Arrange repairs and defects (repair): Who reports damage, who bears costs and how is it documented?
• Secure documents (evidence): Keep photos, messages, payment receipts and handover records.

Forms, deadlines and legal basis

Key legal bases are the BGB (notably §§ 535 60a) and the ZPO for court procedures; check the relevant paragraphs on subletting and termination^[1][2]. For formal letters such as a consent or an objection to a termination, use template letters; an example template is available from official sources^[3]. In letters, briefly state the facts, desired sublease duration and attach proofs.

How-to

1. Step 1: Check the main lease for subletting clauses and restrictions.
2. Step 2: Request the landlords written consent and record the date.
3. Step 3: Create a handover protocol and save photos of the apartment.
4. Step 4: Arrange payment modalities in writing.
5. Step 5: Specify repair responsibilities.

FAQ

1. May I sublet my apartment?

That depends on the lease and the landlords consent; without explicit permission the landlord may refuse or terminate.

2. How do I correctly obtain consent?

Request written consent, state the duration and the subtenants identity and keep the reply as evidence.

3. What can I do if the landlord unlawfully refuses?

Document reasons, check your rights under the BGB and seek legal advice; a clarification at the local court may be necessary.

How-To

The following steps help concretely when completing a sublease:

1. Step 1: Check contract clause.
2. Step 2: Request written consent.
3. Step 3: Create handover protocol.
4. Step 4: Agree payment terms.
5. Step 5: Agree repair responsibilities.

Key takeaways

• Always obtain the landlords consent in writing.
• Documentation (photos, protocols, receipts) protects you in disputes.
• Observe deadlines for termination and objections.

Help and Support

• Gesetze im Internet: BGB and related rules
• Federal Court of Justice (BGH)  case law on tenancy
• Federal Ministry of Justice  templates and services

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1. [1] Gesetze im Internet  Civil Code (BGB) §§ 535 60a
2. [2] Gesetze im Internet  Code of Civil Procedure (ZPO)
3. [3] Federal Ministry of Justice  sample letters and service