Subletting Agreement: Tenants in Germany

Many tenants in Germany consider subletting an apartment wholly or temporarily. This article explains in plain language how to create a legally secure subletting agreement in the rental contract, which model clauses are helpful and which forms or deadlines to observe. You will learn which rights and duties apply between the main tenant and the subtenant, how to properly obtain the landlord's consent and which steps make sense in case of disputes. Practical examples show how to manage documentation, rent arrangements and notice periods. At the end you will find references to competent courts, official forms and further state sources in Germany. I name official forms, explain typical model wordings and give step-by-step instructions for objections or terminations.

What applies to subletting?

In a subletting relationship, the general rules of tenancy law apply: main duties of landlord and tenant as well as restrictions on subletting. Without contractual regulation, the main tenant often needs the landlord's consent.^[1]

Before the agreement: Rights and duties

• Obtain the landlord's consent in writing.
• Clearly regulate rent and utility charges.
• Set the duration of the subtenancy and notice periods.
• Record access, house rules and the main tenant's privacy.
• Keep documentation: photos, messages and payment receipts.

Model clauses (examples)

• "The tenant may sublet with the landlord's written consent; consent shall not be unreasonably withheld."
• "The subtenant shall pay [amount] euros per month to the main tenant; utilities will be charged pro rata."
• "The subtenancy shall end automatically upon termination of the main tenancy."

Disputes and remedies: Where to go?

For unpaid rent or other disputes, dunning procedures and formal letters are often a first step; lawsuits concerning eviction or damages are filed at the local court (Amtsgericht)^[2]. Appeals and precedent-setting questions are decided by higher courts such as the Federal Court of Justice (Bundesgerichtshof)^[3].

FAQ

Do I need the landlord's consent to sublet?

Yes, in general you need consent; without written permission you may face a warning or termination of the rental agreement.

Can I charge the subtenant more rent?

You may only charge justified utilities and agreed rent; excessive surcharges can be legally challenged.

What notice periods apply to subletting?

Notice periods depend on the main rental agreement and statutory termination periods; individually agreed terms are possible.

How-To

1. Collect documents: rental contract, photos, proof of payments.
2. Draft a written request and consent letter to the landlord.
3. Insert a clear model clause into the rental or sublease contract.
4. Have all parties sign and keep copies.
5. In disputes: file a claim at the competent local court or use dunning procedures.

Help and Support

• Gesetze im Internet: BGB §§ 535–580a
• Justizportal: Informationen zu Gerichten und Verfahren
• Bundesgerichtshof: Decisions on tenancy law

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1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Justizportal: Informationen zu Gerichten und Verfahren
3. [3] Bundesgerichtshof: Decisions on tenancy law