Subletting Rules: Tenants' Guide in Germany

Many tenants in Germany consider partially subletting their apartment — for example, when they go abroad for a semester or want to share moving costs temporarily. Subletting can be arranged legally and practically so that it is fair for all parties. In this guide I explain which legal foundations in the German Civil Code (BGB) apply, which written forms and deadlines are important, which forms are useful and how to avoid conflicts with the landlord. The information is designed for concrete shared-flat situations and contains practical examples as well as next steps if permission is denied or an eviction threatens. I also show you which evidence is helpful, how to use a formal subletting form and when a trip to the local court may be necessary.

Rights, Duties and Legal Basis

As a tenant you have fundamental rights and duties toward the landlord under the provisions of the German Civil Code (BGB). Relevant here are in particular the provisions on use, consent obligations and ancillary duties. If you plan to sublet, first check § 540 and the complementary provisions in the BGB as well as the agreements in your rental contract.^[1]

When do you need the landlord's consent?

• If the rental contract contains a general subletting clause or explicitly regulates use.
• For time-limited subletting, deadlines and duration should be clearly stated.
• If there are payment agreements (e.g. subrent including utilities), payment terms must be clarified.
• If subletting involves frequent access by third parties, privacy and security issues may be relevant.

Practical steps before subletting

• Check your rental contract and note relevant clauses on subletting.
• Prepare a simple subletting form or use a template from the ministry for a formal request.^[2]
• Document the planned duration, names of subtenants and agreed payments in writing.
• Make a short handover record when giving keys and photograph the condition of the rooms.

Forms and templates: which do you need?

Important forms are usually simple letters to the landlord (request to sublet), a subletting contract and a handover protocol. A formal template letter helps to name deadlines and content clearly; the federal ministry provides general information and templates.^[2]

If consent is refused

If the landlord refuses consent, check the reasons. A refusal is impermissible if the landlord rejects for irrelevant reasons or if the refusal appears abusive. In disputed cases, a trip to the local court may be necessary; there, rental disputes are heard and there are specialized chambers for tenancy law.^[3]

Shared-flat specific tips

• Agree clear rules on use of common areas and cleaning responsibilities.
• Specify payments and deposits separately in the sublease contract.
• Clarify responsibilities for repairs and deadlines for reporting to the landlord.

FAQ

Do I always need the landlord's written permission?

Yes, it is advisable to obtain consent in writing; in many cases the rental contract requires the landlord's approval.

What happens if the landlord unjustifiably refuses?

You can have checked whether the refusal is legally permissible; if necessary, legal advice or proceedings at the local court can help.

Does subletting also apply to furnished apartments?

Yes, furnished apartments are subject to the same consent and contractual rules as unfurnished apartments.

How-To

1. Check your rental contract for subletting clauses and note deadlines.
2. Send a formal request to the landlord with all relevant details.
3. Conclude a written sublease and prepare a handover protocol.
4. In case of refusal or dispute: seek legal advice and consider court clarification at the local court.

Final notes

Subletting is a useful option for tenants but requires clear agreements and documentation. Proceed systematically: check contract texts, record agreements in writing and respond promptly to refusals. This way you protect yourself and avoid unnecessary conflicts.

Help and Support / Resources

• German Civil Code (BGB) – Gesetze im Internet
• Federal Ministry of Justice and Consumer Protection – BMJV
• Federal Court of Justice (BGH)

1. [1] German Civil Code (BGB) – Gesetze im Internet
2. [2] Federal Ministry of Justice and Consumer Protection – BMJV
3. [3] Federal Court of Justice (BGH)