Subletting in Shared Flats: Tenant Tips for Germany

As a tenant in a shared flat in Germany, subletting can be a flexible solution — but it brings legal obligations and practical steps. This guide explains clearly when you need the landlord's permission, what rights you have as a tenant, and how to prepare a written subletting agreement. I show concrete steps for communicating with building management, documenting agreements and handling disputes, including notes on deadlines and court jurisdiction in Germany. At the end you will find a step-by-step guide, frequently asked questions and links to official legal texts and authorities so you can arrange your subletting securely.

How subletting works legally in a shared flat

In principle: Permanent or substantial transfer of living space to third parties often requires the landlord's consent under tenancy law (§§ 535–580a BGB).^[1] Without consent, the landlord may be able to terminate or claim damages. Therefore clarify early whether this is a short visit situation or a genuine subletting.

Key terms and responsibilities

In disputes about rent, termination or eviction the local court (Amtsgericht) is generally responsible; appeals go to the regional court (Landgericht) and fundamental decisions are often made by the Federal Court of Justice.^[2]

Practical steps for tenants

• Send a formal request to the landlord in writing (form) and set a deadline for response.
• Document agreements: collect email, photos of the apartment and a handover protocol (evidence).
• Arrange rent and utilities: agree who pays which amounts (rent).
• Set rules for repairs and responsibilities in writing (repair).

If the landlord agrees, the permission should ideally be in writing. If a clear written agreement is missing: the better the documentation, the stronger your position in later disputes.

What to do if permission is refused or there is a conflict

If the landlord refuses subletting, check the reasons. Arbitrary refusals are not always permissible; in specific cases the refusal may be reviewable. In serious conflicts legal advice or court clarification may be necessary.^[3]

FAQ

Do I always need the landlord's permission for subletting?

In many cases yes: for permanent transfer the landlord's consent is often required; short-term subletting may be treated differently.

Can I terminate if the landlord forbids subletting?

Not automatically. Check your lease and document conversations; if unsure seek legal advice.

Anleitung

1. Send a written request to the landlord (form): describe duration, person and reasons for subletting.
2. Collect documentation (evidence): photos, name of the subtenant and handover protocol.
3. Arrange finances (rent): record how rent and utilities are shared.
4. In case of dispute check jurisdiction and observe deadlines (court).

Help and Support / Resources

• Gesetze im Internet: BGB (Tenancy Law)
• Gesetze im Internet: ZPO (Procedural Law)
• Federal Court of Justice: Decisions

1. [1] Gesetze im Internet: BGB
2. [2] Gesetze im Internet: ZPO
3. [3] Bundesgerichtshof