Subletting Agreement Checklist: Tenants Germany

As a tenant in Germany, you may often need flexibility — for example through subletting when you travel or want to share costs. Subletting affects rights and duties for tenants and landlords: consent obligations, tenancy contract changes, utility billing rules and possible termination risks. This checklist explains step by step which formalities are necessary, which official forms or template letters to consider and when a court may become involved. Examples and practical wording help avoid disputes. Read on to know clearly how to arrange a subletting legally, what to record in writing and which deadlines or proofs are relevant in Germany. At the end you will find a how-to, FAQ and links to official sources.

When is subletting allowed?

In principle the main tenancy agreement remains binding even with subletting. Under the German Civil Code (BGB) the tenant has obligations to comply with the contract and often needs the landlord’s consent^[1]. If there is no agreement, the local court (Amtsgericht) usually clarifies rights and duties in disputes^[2].

Checklist: Before agreeing

• Check the tenancy agreement: rent clauses and subletting bans
• Ask the landlord for written permission: document notice and conditions
• Clarify rent and utilities: set payment and billing rules
• Set duration and deadlines: calendar note start and end dates
• Draft a subtenancy agreement: use a form and attach copies
• Collect evidence and photos of condition: document the state before handover
• Clarify termination and liability rules: check court-relevant regulations

What to watch for with rent and utilities?

The sublet rent should not improperly bypass the main tenancy contract. Clarify exactly how utilities are divided and whether additional costs arise from the subtenant. Record payment terms in writing and keep receipts.

Specific forms and templates

There is no single nationwide mandatory template for subletting, but standard documents are useful: landlord consent letter (form), signed subtenancy agreement and inventory protocol (document). Use templates only as guidance and adapt them to your case.

FAQ

Do I always need the landlord’s permission?

In many cases yes. Without explicit consent subletting can breach the contract; check your tenancy agreement and obtain written permission if in doubt.

Can the landlord refuse subletting?

The landlord can be entitled to refuse in certain cases, for example if there are legitimate reasons or the flat would become overcrowded. Details are regulated by the BGB.

What happens in disputes about rent or return?

In disputes, mediation or a written demand is advisable first; as a last resort a lawsuit at the local court may be necessary.

How-To

1. Contact the landlord: call or send a written notice
2. Obtain written consent: get the form from the landlord and archive it
3. Create the subtenancy agreement and document condition: document photos and protocol
4. Arrange utilities and deposit: set payment agreements
5. In case of dispute contact the local court or seek legal advice: court steps to follow

Help & Support / Resources

• German Civil Code (BGB) - Gesetze im Internet
• Federal Court of Justice (BGH) - Decisions
• Justice Portal - Local court and contact information

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1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Justizportal – Informationen zu Amtsgerichten