Subletting Agreement Guide for Tenants Germany

Many tenants in Germany consider subletting part of their flat, for example in shared flats or during an extended stay abroad. This guide explains in plain language which rights and obligations tenants have, when landlord consent is required and how to draw up a written subletting agreement that is legally secure. We show concrete wording, important deadlines and which official steps may follow before the local court.^[1][2][3]

What applies to subletting?

As a rule, a tenant often needs the landlord's permission if they hand over all or part of the living space to third parties. It is decisive whether subletting is likely to cause disadvantages or overcrowding. Read the main lease to see whether general permission is included or whether you must obtain written consent.

When is permission necessary and how to apply?

Apply for permission as early as possible and in writing. State the names, duration and purpose of the subletting as well as the expected number of people. Provide the landlord with a short text of the sublease contract.

• Written application to the landlord with name and period of subtenancy.
• Document agreements and payment receipts.
• Observe deadlines: if the landlord does not respond promptly, there may be consequences.

Important contract contents for subletting

A sublease should clearly regulate: start and end, rent amount, share of ancillary costs, use of communal rooms, visiting rules and notice periods. Add a clause on key return and condition at move-out.

• Specify rent and share of ancillary costs precisely.
• Rules on privacy and use of communal areas.
• Agree on notice periods and moving-out modalities.

Practical sample clause

Sample clause (short): "The main tenant permits the subtenant to use the room at Musterstraße 1, 12345 City, from DD.MM.YYYY to DD.MM.YYYY. The rent is X euros per month plus proportionate ancillary costs."

Rights & obligations: repairs, deposit, liability

The main tenant remains responsible to the landlord for obligations under the main tenancy agreement. Therefore, clarify how repairs, damages and possible deposit arrangements are shared between the main tenant and the subtenant.

• Arrangement for repairs and reporting obligations for defects.
• Agreements on the deposit and its repayment should be in writing.
• Assign liability for damages clearly.

How-To

1. Check the main tenancy agreement and collect all relevant data (name, duration, rent).
2. Write a short written application to the landlord with all facts.
3. Create a sublease with clear rules on rent, ancillary costs and termination.
4. Obtain the landlord's written consent and file it away.
5. Carry out an inventory protocol with photos at move-in.
6. If disputes arise: review legal steps at the competent local court and collect all evidence.^[3]

FAQ

Do I always need the landlord's permission for subletting?

In many cases yes. If subletting does not cause disadvantages for the landlord, consent may be unnecessary; however, a written agreement is usually advisable.

Can the landlord refuse subletting?

The landlord can refuse if legitimate interests are opposed, such as overcrowding or disturbance of the house peace. A blanket refusal is not always permissible.

What happens in a dispute about subletting?

In disputes, the local court decides in the first instance; civil procedure rules apply under the ZPO.^[2]

Help and Support / Resources

• BGB: Civil Code §§ 535–580a
• ZPO: Code of Civil Procedure
• Federal Court of Justice – court information

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Informationen zur gerichtlichen Zuständigkeit