Subletting Agreement: Tenant Rights in Germany

Subletting is a practical solution when tenants in Germany want to share space or costs temporarily. This guide explains in plain language what rights and duties tenants have in subletting, when landlord consent is required, and how to draft a secure written agreement. We also cover how rent and utilities should be handled, what liability issues may arise and which steps are possible in court disputes. All advice refers to German law and names official forms and courts so that you as a tenant remain able to act and can avoid or resolve conflicts deliberately.

When is subletting allowed?

Basically, a tenant in Germany can sublet rooms to others as long as the main lease and contractual obligations do not prohibit or restrict this. For substantial parts of the apartment or permanent subletting, landlord permission is usually required. State clearly the duration, number of persons and use of rooms in the discussion, and obtain written consent to avoid later disputes ^[1].

Form and landlord consent

The landlord's consent should ideally be in writing. A simple written sublease agreement protects both parties and documents agreed rules on lease duration, rent and utilities. Specify clearly whether subletting is temporary or permanent and whether the subtenant must accept the same house rules.

• Written consent (form|formulary): Inform the landlord in writing and obtain signed permission.
• Documentation (record): Keep copies of all agreements, rent payments and handover protocols.
• Repair rules (repair): Clarify who is responsible for minor repairs or damage caused by the subtenant.

Rent, utilities and deposit

The main tenant remains liable to the landlord for payment of the agreed main rent and utility costs. Clearly agree in the sublease how the subrent and shared utilities are calculated and how payments are made. You may agree on a deposit, but observe the legal requirements on amount and interest.

• rent (Miete): Record amount, due date, payment method and repayment terms in writing.
• deposit (Kaution): Agree on amount, purpose and repayment of the deposit.
• evidence (Belege): Collect utility bills and receipts and store them securely.

Liability, insurance and house rules

The main tenant is generally liable to the landlord for damage caused by the subtenant. Clarify insurance questions (household/liability insurance) and inform subtenants about house rules to prevent conflicts.

If the landlord refuses consent

If the landlord refuses permission, they usually must state an important reason. Blanket rejections without justification may not be sufficient. Check the reasons and document correspondence; in unclear cases legal advice or clarification before the local court may be useful ^[3].

What to do in case of dispute or termination

In disputes about subletting, rent increases or terminations, court action may become necessary. Tenancy claims are based on provisions of the BGB; for lawsuits and eviction matters the civil procedure rules of the ZPO apply ^[1][2]. Inform yourself early about deadlines, collect evidence and consider mediation or legal counsel.

FAQ

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

Not always, but for long-term or extensive subletting the landlord's written consent is usually required.

Can the landlord refuse consent without a reason?

The landlord generally must provide an important reason; blanket unjustified refusals may be challengeable.

Who is liable for damage caused by the subtenant?

The main tenant remains responsible toward the landlord, so insurance and clear agreements are important.

How-To

1. Inform (form): Notify the landlord in writing about subletting, duration and number of persons and request permission.
2. Agree in writing (record): Draft a sublease with rent, utilities, deposit and house rules.
3. Collect evidence (contact): Archive rent payments, handover protocols and proof of insurance.
4. Check insurance (safety): Review liability and household insurance and extend if necessary.
5. Act in disputes (court): Observe deadlines and prepare court steps at the local court if needed.

Help and Support / Resources

• Official law: Bürgerliches Gesetzbuch (BGB) for tenancy law.
• Zivilprozessordnung (ZPO) for court procedures.
• Federal Court (BGH) – case law on tenancy and subletting.

1. [1] Bürgerliches Gesetzbuch (BGB) – §535 ff. und §§ 535–580a
2. [2] Zivilprozessordnung (ZPO) – Rules on lawsuits and eviction
3. [3] Information on local courts and jurisdiction
4. [4] Official court forms and templates (forms)