Subletting clauses for tenants in Germany

Subletting is a practical solution when tenants in Germany are temporarily absent or wish to take in a subtenant. This guide explains clearly which documents you should prepare, which deadlines apply and how sample clauses can be formulated in order to act legally secure. I show how the landlord's consent, a detailed handover protocol, deposit and payment records and a written subletting agreement should look. I also explain when a local court (Amtsgericht) is competent and which statutory bases such as the BGB or the ZPO are relevant. Examples and a step-by-step guide help avoid common mistakes and protect your rights as a tenant. If uncertain, you will find official authority contacts at the end of the article.

Important documents and deadlines for subletting

Before agreeing on a sublet, collect all relevant documents and pay attention to deadlines. A written agreement protects both the main tenant and the subtenant.

• Tenancy agreement or written sublease stating duration, rent amount and utilities.
• Written consent of the landlord if required by the main tenancy agreement.
• Handover protocol with photos documenting the condition of the apartment at move-in and move-out.
• Deposit and payment records as well as clear rules on repayment.

Sample clauses for subletting

Clear clauses prevent disputes. Examples of short, effective wordings:

• "The subtenant pays a monthly net rent of X euros; utilities are agreed as flat-rate/allocated."
• "The sublease is valid from DD.MM.YYYY to DD.MM.YYYY and ends without separate notice."
• "Access rights of the main tenant are restricted to urgent cases; otherwise the privacy of the subtenant applies."

Additionally, include provisions on liability for damages, use of furniture and house rules.

Deadlines, steps for problems and competent authorities

Observe notice periods and response deadlines for defects; in disputes, civil procedure rules of the ZPO apply.^[1][2]

• Notice periods: observe agreed periods in the sublease, otherwise statutory rules apply.
• For defects: document, set a deadline for remedy and consider rent reduction if necessary.
• In legal disputes, the local court (Amtsgericht) usually rules in the first instance; appeals go to Landgericht or the Federal Court (BGH).

Frequently Asked Questions

Do I need the landlord's permission to sublet?

Often yes: if the main lease requires consent, the landlord must agree in writing; without consent, contractual penalties or termination may follow.

How do I record damages and condition?

Create a handover protocol with photos and witnesses or written confirmation; keep all receipts and communications.

Which deadlines apply when terminating a sublease?

Agreed deadlines in the sublease are binding; if missing, statutory tenancy rules apply.

How-To

1. Collect documents: tenancy agreement, main lease and existing arrangements as a basis.
2. Obtain landlord consent in writing or clarify whether consent is required.
3. Create a sublease with clear deadlines, rent and utilities rules.
4. Prepare a handover protocol with photos and have both parties sign it.
5. In disputes: collect documentation, observe deadlines and consider filing at the local court.

Key takeaways

• Maintain complete documentation of agreements and payments.
• Adapt sample clauses to the specifics of your main lease.
• Seek official contacts or legal advice early if unsure.

Help & Support

• [1] BGB §§535–580a (Gesetze im Internet)
• [2] ZPO (Code of Civil Procedure) consolidated
• [3] Information on the court system and case law (Federal Court of Justice)

1. [1] BGB §§535–580a (Gesetze im Internet)
2. [2] ZPO (Code of Civil Procedure) consolidated
3. [3] Information on the court system and case law (Federal Court of Justice)