Subletting for Tenants: Avoid Mistakes in Germany
Many tenants in Germany underestimate the risks of subletting agreements. Errors in wording, missing permission from the main landlord, or unclear rules about deposit, utility charges and termination periods quickly lead to conflicts or legal problems. This guide explains in practical terms which clauses typically cause trouble, what rights and obligations tenants and subtenants have, and how to use secure sample clauses. I show how to obtain consent, document correctly, and avoid disputes. I also explain which courts handle rental disputes and which statutory foundations such as the BGB apply.
Common mistakes with subletting
Often the written consent of the main landlord is missing or the agreement contains unclear rules about the deposit and utility charges. The basic statutory rules are set out in the BGB (BGB)[1], and the procedural rules in the ZPO are important if a lawsuit becomes necessary.[2]
- Missing written consent from the main landlord.
- Unclear rules on the deposit or its return.
- Incomplete accounting of utility charges.
- No clear termination periods for the subtenant.
- Missing documentation of defects or the handover condition.
- Subletting without permission and possible legal consequences.
Sample clauses and wording
Sample clause 1: "Subletting requires the prior written consent of the landlord. The subtenant may use the flat only for residential purposes."
Sample clause 2: "Utility charges are apportioned according to the number of persons. The deposit of X euros will be returned to the main tenant at the end of the subtenancy if no damages are found."
Forms, courts and practice
It is important to know that rental disputes are usually heard at the local court (Amtsgericht); higher instances are the regional court (Landgericht) and the Federal Court of Justice (Bundesgerichtshof).[3] For formal steps such as an eviction suit, the procedural rules of the ZPO apply. When drafting a letter, document the date, handover and witnesses and use clear wording.
FAQ
- Do I always need my landlord's consent to sublet?
- Yes, generally the landlord's consent is required; without consent the subletting can be prohibited and the tenancy endangered.
- Can I require a deposit from the subtenant?
- Yes, a separate deposit with clear repayment rules is possible but should be agreed in writing.
- What should I do about defects in the sublet flat?
- Report defects in writing immediately, take photos and set a deadline for remedy; rent reduction is possible if the flat is impaired.
How-To
- First obtain the landlord's written consent.
- Document handover condition and defects with photos and a handover protocol.
- Agree in writing on deposit, utility charges and payment arrangements.
- Arrange clear termination periods and inform yourself about legal deadlines.
- If there's a dispute: review documents, seek legal advice and consider filing at the local court.
