Subletting Checklist: Tenant Guide Germany

As a tenant in Germany, arranging a sublet can be useful—for example during a long stay abroad or when changing accommodation. This guide helps you structure subletting arrangements securely: from formal landlord consents to clear sample clauses and official forms and deadlines. I explain which agreements should be included in the contract, how to protect yourself against lost rent and overcrowding, and which documents should be presented. You will also see step-by-step how to obtain consent, include a termination clause, and which rights and obligations arise from the relevant BGB provisions. The goal is for you as a tenant to make informed decisions and avoid disputes. Practical tips and templates make the process easier and reduce legal risks.

What belongs in a sublet checklist?

Before signing a sublease, check which points must be recorded to protect your rights as a tenant. Important legal foundations can be found in the German Civil Code (BGB) on tenancy relationships^[1].

• Rent and utilities: specify exact amount, due date and payment method.
• Deposit or security: regulate amount, storage method and repayment deadlines.
• Duration and deadlines: specify start, end, notice periods and takeover conditions.
• Repairs and maintenance: clarify responsibility for minor repairs and reporting obligations.
• Access and inspections: define how and when the landlord or main tenant may enter the flat.
• Inventory and handover protocol: document condition, photos and list of handed-over items.

Forms and sample clauses

Use clear written sample clauses for duration, use, number of subtenants and termination. Official forms and guidance on procedures are available from the Federal Ministry of Justice^[2]. Sample clauses should regulate whether the sublet may be re-rented and how termination by both parties is handled.

Documentation and evidence

For later disputes, document the condition of the flat, payments and all written consents. Photos with dates, a handover protocol and a list of payments help in court. The rules of civil procedure (ZPO) apply to legal disputes^[3].

FAQ

Do I need the landlord's permission to sublet?

In many cases the landlord's consent is required; without consent you may face termination. Check your main lease and clarify in writing which types of subletting are permitted.^[1]

Can I demand a deposit from the subtenant?

Yes, a deposit is possible. Specify amount, purpose, storage and repayment in writing and prepare a handover protocol.

What can I do if the subtenant does not pay or damages the flat?

Document payment arrears and damages, request payment or repair in writing, and consider legal action before the competent local court.

How-To

1. Inform the landlord: contact the landlord in writing and request consent.
2. Obtain written consent: have every permission confirmed in writing and archive the document.
3. Arrange rent payments: agree on clear payment terms and include them in the contract.
4. Create a handover protocol: document condition and inventory at move-in and move-out.
5. Observe deadlines: comply with notice and payment deadlines and record them in writing.

Key Takeaways

• Clear written agreements reduce the risk of disputes.
• Respond promptly to reminders and legal notifications.

Help and Support / Resources

• Local court (Amtsgericht) – jurisdiction for tenancy disputes
• German Civil Code (BGB) §§ 535–580a
• Federal Ministry of Justice – forms and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Bundesministerium der Justiz und für Verbraucherschutz — bmjv.de
3. [3] Zivilprozessordnung (ZPO) — gesetze-im-internet.de