Subletting rules when moving in - Tenants in Germany

As a tenant in Germany, there is much to consider when subletting upon moving in: you should know your rights, record the agreement in writing and document the handover and condition of the apartment. This text explains clearly and practically which steps are necessary, which clauses in the sublease are important and which deadlines, form notes and proofs help to avoid later disputes. I list the relevant statutory provisions in the BGB^[1], the competent courts^[2] and practical templates^[3] so that you as a tenant can protect your interests. The language remains simple, the action steps are immediately applicable — ideal if you are newly moving in or temporarily subletting an apartment. I also show which official forms and sample letters you can use and where to find help at local courts or advisory centers.

What is subletting?

Subletting means that a tenant hands over their apartment wholly or partially to a third person for a limited period (sublease). Many tenant rights apply to the subtenant, but the contractual agreements and the landlord's consent are decisive. Clear rules when moving in protect against misunderstandings and legal risks.

What to watch for when moving in?

• Agree rent and utilities clearly and itemize them.
• Deposit: record amount, purpose and repayment terms in writing.
• Draw up a written sublease agreement or use official templates.
• Document the condition: take photos, meter readings and a defect list.
• Check deadlines for termination and fixed-term agreements and note them in writing.
• Agree on key handover and an apartment handover protocol.

Rights and relevant laws

The tenant law provisions in the German Civil Code (BGB) regarding landlord and tenant duties and defects are important, as well as rules on operating cost statements. In disputes, the local court (Amtsgericht) is usually competent; for fundamental issues, decisions of the Federal Court of Justice (BGH) can be binding. In particular, check §§ 535 ff. BGB on landlord and tenant obligations and the rules on rent reduction for defects.

Practical templates and forms

Use official templates for sublease agreements, handover protocols and termination letters where available. A written contract should include at least duration, rent amount, utility arrangements, deposit, termination notice periods and liability rules. If in doubt, seek advice at the local court or an official legal advice center.

FAQ

Can I sublet an apartment as a tenant?

In many cases yes, but usually the landlord's consent is required; check the main lease and agree terms in writing.

Do I need a written sublease agreement?

Yes, written agreements clarify duration, rent, utilities, deposit and liability.

What should I do about defects after moving in?

Document defects immediately, inform the landlord in writing and request remediation; in disputes, rent reduction or court action may follow.

How-To

1. Check the main lease before moving in and obtain landlord consent if necessary.
2. Create a handover protocol with photos and meter readings when moving in.
3. Agree on rent, utilities and deposit in writing.
4. Note termination and fixed-term deadlines in the contract.
5. Keep all receipts and correspondence and seek help from official bodies if needed.

Help and Support / Resources

• Gesetze im Internet (BGB) — official statutes
• Federal Court of Justice (BGH) — decisions and information
• Federal Ministry of Justice and Consumer Protection (BMJ)

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1. [1] German Civil Code (BGB) § 535 — Gesetze im Internet
2. [2] Federal Court of Justice (BGH) — official website
3. [3] Federal Ministry of Justice and Consumer Protection (BMJ)