Secure Subletting on Lease Renewal — Tenants Germany

As a tenant in Germany, you may often wonder whether and how subletting can be agreed securely when renewing a lease. This practical text explains in plain language which steps are necessary, what to watch for in the agreement, and which deadlines and formalities must be observed. I explain the relevant legal bases from the BGB^[1], name the competent courts such as the local court (Amtsgericht)^[2] for tenancy disputes, and show which official forms and proofs are useful. At the end you will find actionable steps, an FAQ with common questions and links to official sources so you as a tenant can protect your rights and minimize risks.

Rights and Obligations for Subletting

When renewing a lease, the right to sublet does not automatically change: the landlord's approval requirement usually remains relevant. Check whether your main lease allows subletting or explicitly requires consent. Pay attention to limits on duration, number of subtenants and possible rent regulations. In case of uncertainty, the local court may be responsible if disputes arise^[2].

Key Points for the Agreement

• Record the landlord's written consent in a clear form (form).
• Specify exact deadlines (deadline) for the start and end of the subletting.
• Clearly define the amount of the sublet rent and treatment of utilities (rent).
• Define responsibilities for repairs and the condition of the premises (repair).
• Keep documents, photos and payment receipts as evidence.

Forms and Proofs

There is no uniform nationwide mandatory sublet form, but certain documents are useful:

• Copy of the main lease and a written landlord consent; use official court or authority forms where available.
• An inventory/hand-over protocol with photos documenting the condition at the start of subletting.
• Receipts or bank transfer records for paid sublet rent.

What to Do If You Have Problems with the Landlord

If the landlord refuses consent without valid reasons or imposes unreasonable conditions, document communications in writing and request a justification. For persistent issues, seek legal advice or involve the local court to review claims. Court proceedings must follow the rules of civil procedure (ZPO).

FAQ

Can I sublet if I renew the lease?

That depends on the main lease and whether the landlord's consent is required; often the landlord's permission is necessary. If unsure, check your contract and obtain written consent.

How much can a subtenant be charged?

Sublet rent should be reasonable and in line with the market; excessive rents can cause issues. Clarify utilities and payment terms in writing.

Which authority handles disputes?

Most tenancy disputes are handled by the local court (Amtsgericht); higher instances include the regional court and, if applicable, the Federal Court of Justice.

How-To

1. Check your main lease and applicable laws (e.g., BGB) for consent requirements.
2. Obtain written landlord consent and use official forms where possible.
3. Draft a clear sublease specifying duration, rent, utilities and repair rules.
4. Create an inventory hand-over protocol with photos and keep payment records.
5. If disputes arise, document everything and consider resolving matters at the local court (court).

Help and Support / Resources

• Gesetze im Internet: §535 BGB – Landlord duties (gesetze-im-internet.de)
• Federal Court of Justice (BGH) – case information
• Justice portal of the federal and state governments – courts & forms

1. [1] §535 BGB – Duties of the landlord (gesetze-im-internet.de)
2. [2] §540 BGB – Consent to transfer use to third parties (gesetze-im-internet.de)
3. [3] Justice portal of the federal and state governments – information on courts and forms (justiz.de)