Subtenant Proposal Checklist: Tenants Germany

Before you sign the lease or submit a subtenant proposal to your landlord, you should, as a tenant in Germany, carefully check which rights and obligations arise. This guide explains step by step how students in flatshares prepare formal subtenant proposals, meet deadlines and secure evidence. We cover which details should be included in the proposal, how to handle the deposit and handover dates sensibly, and when a right to consent or rejection exists. Practical examples show how to use sample forms and which courts are competent in disputes. At the end you will find instructions for submission and helpful links to official statutes and forms. Use these tips to avoid risks.

What belongs in a subtenant proposal?

A complete subtenant proposal helps the landlord decide and protects you as a tenant from unjustified delays.

• Name, age, occupation/studies and contact details of the proposed subtenant.
• Desired move-in date and proposed rental period as well as possible handover dates.
• Information on deposit, expected rent payment and solvency (pay slips, student funding proof, etc.).
• References, short CVs, credit check or proof of rental payments, if available.
• Signed consent of the subtenant and date; if applicable a short cover letter.

Rights, deadlines and legal basis

The main legal bases for tenancy are found in the BGB; the duties of landlord and tenant are regulated in §§ 535–580a^[1]. In civil proceedings such as eviction cases or disputes about consent, the Code of Civil Procedure (ZPO) may apply and the local court (Amtsgericht) usually decides in the first instance^[2].

Practical tips for students and flatshares

In flatshares, transparency matters: name clear contact persons and clarify who will sign; sort out the deposit early and plan the handover.

• Always submit the proposal in writing and document mailing or handover.
• Set a clear response deadline and insist on confirmation.
• Keep copies of all documents and photos; they are important as evidence.

How-To

1. Prepare the proposal in writing: create a form or cover letter with all details.
2. Attach documents: ID, income proof, references, photos.
3. Set a deadline: Name a clear response date and request confirmation.
4. Plan alternatives: If rejected, propose replacements or organize the handover quickly.
5. In disputes, collect evidence and contact the competent local court; consider legal advice.

FAQ

What is a subtenant proposal?

A subtenant proposal is a written suggestion by the current tenant to the landlord to propose a specific person as the new tenant; it facilitates replacement.

Which deadlines apply for landlord responses?

There is no statutory uniform deadline for consent to a subtenant proposal, but reasonable deadlines (e.g. 14 days) are common; contractual agreements can set deadlines.

Can the landlord reject the subtenant proposal?

Yes, the landlord can reject it for justified reasons, for example if the proposed tenant is not creditworthy; disputed cases may be decided by a court.

Which courts are competent for disputes?

Local courts (Amtsgerichte) are usually competent in the first instance; appeals go to the regional court, and fundamental questions may be decided by the BGH^[3].

Key Takeaways

• Submit every subtenant proposal in writing and complete.
• Set a clear response deadline and document everything.
• The local court is the first contact point for tenancy disputes.

Help and Support / Resources

• BGB §§ 535–580a — Gesetze im Internet
• BGH — Decisions on tenancy law
• ZPO — Code of Civil Procedure

1. [1] German Civil Code (BGB) — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de