Subletting Guide: Tenant Rights in Germany

Subletting is a practical solution for many tenants in Germany but carries legal pitfalls. This text explains step by step which rights and duties tenants have when arranging subletting, how to obtain formal consents, which termination periods apply and which forms and proofs are useful. I describe concrete actions such as documenting condition, rent payments and communication with the main landlord, as well as options in disputes, such as the local court (Amtsgericht) or the relevant provisions in the BGB. The language remains simple and practice-oriented so tenants can quickly assess how to arrange subletting legally and avoid conflicts. Read on for practical sample texts, deadlines and notes on liability and deposit rules.

What is subletting?

Subletting occurs when the main tenant temporarily hands over the apartment wholly or partly to a third person. The legal basis and duties are regulated in the BGB and vary depending on the case. For tenants it is important whether the lease permits subletting or whether landlord consent is required^[2].

Key rules for tenants

Before subletting, tenants should observe the following steps to avoid legal problems:

• Check the lease and obtain the landlord's written consent (form).
• Document the apartment condition with photos and protocols (evidence).
• Agree on rent and deposit in writing, including payment method and settlement (rent deposit).
• Observe deadlines: clearly define start, end and termination periods of the subletting (deadline).
• Agree on visit and access rights as well as key arrangements (entry privacy).
• Record who is responsible for repairs and defects (repair).

Use template texts for consents and handover protocols; a sample termination letter may be relevant for the main landlord and can be found at the Federal Ministry of Justice^[1]. In case of doubt, document every communication in writing.

Forms, templates and practical examples

Important forms and templates tenants should know:

• Termination letter (BMJ template) – when subletting affects or ends the contractual relationship; example: written prior notice to main tenant and landlord (form).^[1]
• Handover protocol at the start/end of subletting – documents condition and avoids later liability disputes (evidence).
• Written agreement on rent and deposit – defines amount, due dates and return conditions (rent).

If a dispute arises

If disputes occur, the competent courts are usually the local courts (Amtsgerichte); for appeals the regional courts (Landgerichte) and for legal principles the Federal Court of Justice (BGH)^[3]. In cases of significant arrears, unauthorized subletting or damage, tenants should secure evidence in time and, if necessary, seek legal advice.

FAQ

Do I need the landlord's consent for subletting?

In many cases yes. If the lease does not explicitly permit subletting, the landlord's written consent is required; check § 540 BGB and related provisions^[2].

Who pays for damage caused by the subtenant?

Basically, the subtenant is liable for damage caused; the main tenant remains responsible towards the landlord and should regulate claims contractually.

Can the landlord prohibit subletting?

If the lease or legitimate interests of the landlord oppose it, consent can be refused; there is no blanket prohibition and it depends on the specific case.

What do I do in a payment dispute?

Document payment receipts and contact the main tenant. For persistent problems, clarification at the local court may be necessary.

How-To

1. Check the lease and obtain the landlord's written consent (form).
2. Create a handover protocol with photos at move-in and move-out (evidence).
3. Agree the rent, deposit and payment terms in writing (rent).
4. Set responsibilities for maintenance and repairs in writing (repair).
5. Record start, end and termination periods clearly and comply with them (deadline).
6. In case of conflicts, check evidence and consider the route to the local court (court).

Key takeaways

• Written consent and clear agreements prevent many disputes.
• Document condition and payments to support claims.
• Check and respect deadlines and termination clauses promptly.

Help and Support / Resources

• BMJV: information and template texts
• Gesetze im Internet: BGB and relevant sections
• Federal Court of Justice: case law and decisions

1. [1] Federal Ministry of Justice and Consumer Protection (BMJV)
2. [2] German Civil Code (BGB) - gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) - bundesgerichtshof.de