Subletting Rules for Tenants in Germany
As a tenant in Germany, subletting is a practical solution when you temporarily move away or want to rent part of your apartment to someone else. This text explains in clear language what rights and obligations you have, how to obtain the landlord's consent, which deadlines apply and which legal bases are set out in the BGB and in the ZPO. You will receive concrete steps for extending an existing sublet, template notes for communication with the landlord, as well as tips on deposit, rent payment and possible disputes before the local court. The aim is to provide you with practical courses of action so that uncertainties are clarified at an early stage and legal risks can be minimized. Read on for concrete templates.
What is subletting?
Subletting means that a tenant temporarily transfers the use of their apartment or part of it to a third party. Typical cases are stays abroad, professional assignments or temporarily renting out a room in whole or in part. Important points are the duration, the agreed rent, and whether the original lease allows subletting.
Legal basis
The most important statutory regulations are contained in the German Civil Code (BGB); here obligations of tenant and landlord as well as rules on the surrender of use to third parties are anchored.[1] For court disputes and eviction claims, the Code of Civil Procedure (ZPO) applies.[2] Precedents of the Federal Court of Justice (BGH) often decide individual questions such as legitimate interest or the amount of a sublet rent.[3]
- BGB §§ 535–580a: Tenant and landlord obligations
- BGB § 540 and § 553: Transfer of use to third parties / subletting
- ZPO: Procedures for eviction claims
- Local court: local jurisdiction for tenancy disputes
Practical steps: consent and extension
Here is how to proceed in practice if you want to sublet or extend a sublet:
- Request consent in writing and state the duration and the agreed rent.
- Collect evidence: photos, payment receipts and a handover protocol.
- Observe landlord deadlines and ask in good time.
- If refused, ask for reasons; if the refusal is unjustified, check the entitlement to consent (§553 BGB).
Forms and template letters
There is no uniform nationwide mandatory form for subletting; a simple written request is often sufficient. For court proceedings (e.g. eviction claims) courts use standardized forms from the justice portal.[2] Examples and template texts are useful in practice:
- Template: Written request for consent to subletting (your own letter to the landlord)
- Template: Extension request with new deadline
- Form: Eviction claim – form from the justice portal
FAQ
- Do I always need the landlord's permission to sublet?
- As a rule, yes; under §540 BGB consent is required. Under certain circumstances, §553 BGB may give a right to consent.[1]
- Can the landlord refuse an extension of the sublet?
- He can only refuse for an important reason; otherwise tenants may have a right to consent.
- What if the landlord unjustifiably refuses?
- First obtain a written explanation, then seek advice and, if necessary, file a claim at the competent local court.
How-To
- Draft a written request for consent specifying duration, name of the subtenant and agreed rent.
- Collect documents: lease, photos, payment receipts and handover protocol.
- If unclear, call the landlord and confirm the conversation in writing.
- Set clear deadlines (e.g. two weeks) for the landlord to reply.
- If unjustly refused, review the entitlement under §553 BGB and consider court action at the local court.
- Record any agreement in writing and, if necessary, update the rental contract.
