Sublet Checklist for Tenants in Germany
As a tenant moving into a sublet in Germany, you should carefully check which rights and obligations apply when you move in. This checklist explains in clear language which details in the lease are important, which documents you should create immediately and how to document the condition, meter readings and key handover. You will learn which deadlines and forms to observe, how the deposit is legally regulated and which authorities or courts you can contact in case of disputes. The guidance helps avoid conflicts and strengthens your position in cases of defects, rent reduction or termination. Practical examples and notes on required steps help you act confidently during handover and avoid later misunderstandings. At the end you will find a short guide on what to do for defects and a list of official authorities in Germany.
What to check when moving into a sublet
- Check contract duration, termination deadlines and scheduled dates in the agreement.
- Clarify rent, utilities, deposit and payment terms.
- Document the condition: take photos, record meter readings and note existing damages.
- Test heating, hot water and electricity; report urgent defects immediately.
- Prepare a handover protocol and have both parties sign it.
- Note meter readings and keep copies of the meters.
- Clarify key handover, access and privacy.
- Agree on the return date and any conditions for subletting.
Rights and obligations
As a tenant you are entitled to a habitable apartment and have obligations like paying rent on time; the main rules are in the German Civil Code (BGB).[1] In disputes about payment, defects or termination, local courts (Amtsgerichte) typically have jurisdiction; court procedures follow the Civil Procedure Code (ZPO).[2]
Forms & templates
Termination letter (sample): There is no single official termination form, but prepare a clear letter with date and signature. Example: "Termination of the subtenancy as of DD.MM.YYYY" including names, address and request for acknowledgement. Use the legal rules in the BGB to check deadlines and formal requirements.[1]
Landlord confirmation (Wohnungsgeberbestätigung): You need this certificate for registration at the residents' registration office; the obligation arises from the Federal Registration Act (BMG).[3] Example: the landlord states the tenant's name and move-in date and signs the form.
Handover protocol: Note condition, meter readings and number of keys; both parties sign and keep a copy. The protocol protects you against later claims for damages.
FAQ
- What is a sublet?
- A sublet is the temporary transfer of an apartment by the main tenant to another person for a defined period.
- Do I have to pay a deposit?
- Yes, if agreed in the sublease. The deposit is generally not higher than three months' rent and must be kept separate from the landlord's assets.
- Who do I contact about unresolved defects?
- Report defects in writing to the main tenant or landlord and set a reasonable deadline for repair. If no action is taken, consider legal steps and, if necessary, contact the local court (Amtsgericht).[2]
How-To
- Read the contract carefully: check duration, subletting clause and termination deadlines.
- Create a handover protocol: take photos and note meter readings.
- Obtain the landlord confirmation and register with the local authorities.
- Report defects in writing and set a deadline for remedy.
- Clarify deposit and payment method; keep receipts.
- Agree on return conditions and a handover date in writing.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) §§ 535–580a
- Zivilprozessordnung (ZPO)
- Federal Registration Act (BMG) §19 landlord confirmation
