Secure Subletting for Tenants in Germany
If you are a tenant in Germany and consider handing over all or part of your flat to a third party, you should arrange subletting securely. This practical guide explains clearly what rights tenants have, when landlords must consent and what obligations main tenants and subtenants carry. You will receive concrete guidance on sublease agreements, deposit and utility rules, liability for damage, as well as deadlines and possible grounds for termination. You will also learn how to secure documents and photos as evidence and when court action may be necessary. With practical examples, form guidance and official sources you can handle subletting in Germany in a factual and safe way. Read the checklist and the step-by-step guide below to avoid mistakes. If uncertain, we name the competent local courts, the relevant law in the BGB and important BGH decisions as reference.[3]
Subletting: Rights and Obligations
The basics of tenancy law are set out in the German Civil Code (BGB) §§ 535–580a[1]. As the main tenant you must respect the landlord's rights; subtenants are protected by similar rules.
Document agreements in writing to avoid disputes later.
When is landlord consent required?
As a rule you often need the landlord's permission, especially if the subletting changes the use or is a permanent transfer. Clauses in the main lease, legitimate interests and hardship cases must be reviewed.
Key rules
- Ask the landlord in writing for permission or for a form (form)
- Put the sublease agreement in writing (contract)
- Arrange rent, utilities and deposit (rent)
- Clarify repairs and responsibilities (repair)
- Observe duration and notice periods (deadline)
- Document: photos, emails and receipts as evidence (evidence)
Without permission you may face warnings and possible termination.
Forms and templates
Relevant templates include a written sublease agreement or a termination letter; official templates and forms are available from ministries and courts. For legal basics and form guidance see official laws and form collections[4].
Frequently Asked Questions
- Do I always need the landlord's permission?
- Not always, but in many cases yes; check the main lease and the circumstances of the subtenancy.
- Can the landlord prohibit subletting?
- The landlord can cite legitimate interests; a total ban is possible only in specific conditions.
- What if there is a dispute or eviction?
- Document everything and seek legal advice; eviction proceedings are civil actions under the ZPO[2].
How-To
- Check the main lease for subletting clauses (form)
- Ask the landlord for written consent (form)
- Draw up a written sublease with names, duration and rent (contract)
- Settle payments, utilities and deposit clearly and with proof (rent)
- Record the handover with photos and a protocol (evidence)
Keep all emails and receipts organized.
