Subletting Checklist: Tenants in Germany

As a tenant in Germany, subletting can be a practical solution — whether for a few months during travel or a job change. This guide explains clearly how to arrange subletting legally, negotiate with the landlord and avoid common pitfalls. You will learn which deadlines and consents are important, which obligations in the tenancy agreement remain and which official forms or courts can help in disputes. Practical checklists, sample actions and steps show how to protect your rights and allocate responsibility. We also explain how to document defects, clarify deposit issues and what to do if consent is refused. Language stays clear and usable for non-lawyers.

Understanding subletting

Subletting means that a current tenant allows a third party to use the apartment in whole or in part. In many cases the landlord's consent is required; the legal basis is within tenancy law, notably the BGB, §§ 535–580a^[1]. First clarify whether your lease contains restrictions or whether a separate permission is necessary.

Preparation: Checklist for tenants

• Obtain written consent (form) — Ask the landlord early and keep a record of the reply.
• Clarify deposit (deposit) — Determine whether the deposit remains held or must be adjusted.
• Create documentation (evidence) — Take photos of handover defects and prepare a handover protocol.
• Check deadlines (deadline) — Record duration and return date in writing.
• Set key and access rules (entry) — Who has access and at what times?

Negotiating with the landlord

Prepare a short letter stating the duration, number of occupants, purpose of the sublet and contact details of the subtenant. Show the landlord the advantages, e.g. secured rent payments, and offer to propose a replacement tenant if needed. If the landlord refuses consent, they should provide reasons in writing; if necessary, a court can decide the legal situation^[2].

Forms, templates and practical examples

There is no single state form for subletting, but helpful templates and official legal texts exist. For terminations and court steps tenants use official guidance and law texts such as the BGB and the Code of Civil Procedure (ZPO)^[1][2]. Example: A tenant sends the landlord an informal letter stating sublet duration and a copy of the subtenant's ID; the landlord's written confirmation is kept on file.

Step-by-step to a secure sublet

1. Step 1: Inform the landlord in writing and request consent.
2. Step 2: Create a handover protocol with photos.
3. Step 3: Clarify payments, deposit and responsibilities in writing.
4. Step 4: Arrange key handover and access.
5. Step 5: Keep all documents and prepare files for possible dispute resolution.

Key notes

• Keep copies of all communication, ideally both electronic and paper.
• Respond promptly to landlord objections to avoid escalation.

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de

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1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de