Subletting: Documents & Deadlines 2025 Germany
As a tenant in Germany, you should know exactly which documents are needed and which deadlines apply when subletting. This guide explains in plain language which papers you should provide to the main tenant and possibly the landlord, how long you must wait for consent, and which forms help in case of problems. We also describe practical steps to agree the sublease in writing, the most important statutory bases in the BGB, and which deadlines apply for termination or eviction. The advice helps avoid mistakes, meet deadlines and document conflicts early so you can effectively protect your rights as a tenant in Germany.
What applies to subletting?
As a tenant you should check whether the main lease allows subletting and whether the landlord's consent is required. Statutory duties and rights are set out in the BGB[1], and procedural rules for court actions can be found in the ZPO[2].
Request written consent before subtenants move in.
Important documents
- Main tenancy agreement (document) — to check permitted use.
- Written consent of the main tenant and, if applicable, the landlord (form).
- Sublease agreement with clear rules on duration, rent and utilities (document).
- Proofs of payment: rent and deposits (deposit).
- Handover protocol with meter readings and condition (document).
Keeping copies of all documents increases your legal security in a dispute.
In disputes, the local court (Amtsgericht) is often the first instance for tenancy matters; decisions of the Federal Court of Justice (BGH) can be decisive[3]. Keep deadlines carefully, for example for termination or defect notices.
Deadlines and preserving deadlines
- Await consent (deadline): Agree a reasonable period with the main tenant.
- Termination periods (deadline): Check statutory and contractual deadlines in the BGB[1].
- Document defects (document): Keep photos and written reports as evidence.
Respond within set deadlines to avoid losing rights.
Practical forms and templates, such as a sample termination letter, can be found at official bodies like the Federal Ministry of Justice[4].
FAQ
- Do you always need the landlord's consent to sublet?
- Not always; consent is often required. Check the main lease and inform the landlord in writing.
- What deadlines apply when terminating a sublease?
- Applicable termination periods depend on the sublease and, additionally, on rules in the BGB.
- What to do about problems with the subtenant?
- Document incidents, send written warnings and consider whether an eviction claim is necessary.
How-To
- Check the main tenancy agreement for subletting clauses (form).
- Obtain written consent from the main tenant and, if required, the landlord (contact).
- Draft a written sublease agreement specifying duration, rent and utilities (document).
- Create a handover protocol when the subtenant moves in (move-out).
- Record termination and notification deadlines in writing (deadline).
Help and Support / Resources
- German Civil Code (BGB) on gesetze-im-internet.de
- Federal Court of Justice (BGH)
- Federal Ministry of Justice
