Agree Subletting: Tenant Rights in Germany

Tenants in Germany often face the question of whether and how they may sublet a room or an apartment. This guide explains step by step which legal requirements apply under the BGB, which sample clauses help in sublease contracts and how to obtain formal permissions from the landlord. You will learn which details a secure sublease agreement should contain, how to regulate maintenance and utility obligations and which deadlines must be observed. I also describe when a court can be involved and which official forms and local courts are responsible. Practical checklists and a sample text make concrete action easier. At the end you will find notes on securing evidence and handling conflicts.

Subletting: Rights and Obligations for Tenants

In principle, the Bürgerliches Gesetzbuch (BGB) governs the rental relationship and thus also the requirements for subletting. ^[1] Without the landlord's explicit permission, subletting is often not permitted; in other cases the landlord can only refuse permission for an important reason. Clear agreements on rental period, payment, utilities and maintenance responsibilities are important.

Key points before making an agreement

• Obtain and document the landlord's written permission.
• Clearly define the duration of the sublease, notice periods and the rental amount.
• Agree on who pays utilities and how meter readings are recorded.
• Specify rules for furnishing use, condition on move-in and move-out and an inventory record.

In case of technical defects or health hazards (e.g., mold, heating failure), the main tenant remains responsible to the landlord; at the same time, they should set out in the agreement how the subtenant reports problems and which deadlines apply for responses.

Sample clauses for the sublease contract

A simple sublease should include at least: names and addresses of all parties, exact rental period, amount of subrent, utility arrangements, deposit agreement, inventory and notice periods. A clear clause on liability and maintenance reduces misunderstandings.

• Clause on rental period and extension options.
• Clause on utilities: billing and payment deadlines.
• Clause on use, re-subletting to third parties and house rules.
• Clause on deposit: amount, safekeeping and refund.

What to do in case of dispute or landlord refusal?

If the landlord refuses subletting without a valid reason or responds unclearly, tenants can review their rights and, if necessary, seek resolution at the competent local court. Local courts (Amtsgerichte) are usually responsible for tenancy disputes; appeals go to regional courts and fundamental legal questions to the Federal Court of Justice. ^[2]

Securing evidence and procedural steps

• Archive all emails and written correspondence including date and time.
• Take and store photos of conditions and defects.
• If necessary, seek official advice before going to court.

FAQ

When do you need the landlord's permission to sublet?

If the main lease explicitly requires permission or if the subtenant moves in permanently, the landlord's permission is usually required.

Can the landlord simply refuse permission?

The landlord can only refuse for justified reasons; purely economic reasons do not always suffice. In disputed cases, a court can decide.

Which authority handles tenancy disputes?

In first instance, local courts (Amtsgerichte) are usually responsible; higher instances are regional courts and the Federal Court of Justice for precedent issues. ^[3]

How-To

1. Check your current lease for subletting clauses and note relevant sections.
2. Obtain written permission from the landlord; use clear wording with duration and rent amount.
3. Create a simple sublease contract with an inventory list and utility responsibilities.
4. Document move-in and move-out with photos and a handover protocol.
5. If conflicts arise: gather evidence, seek official advice, consider filing with the local court.

Key Takeaways

• Written permission and a clear sublease protect both parties.
• Detailed documentation lowers the cost and risk in disputes.
• Local courts are typically the first contact for tenancy lawsuits.

Help and Support

• BGB: Civil Code — gesetze-im-internet.de
• Justice Portal of the Federal Government and States — justiz.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Justice Portal of the Federal Government and States — justiz.de
3. [3] Federal Court of Justice (BGH) – decisions and information — bundesgerichtshof.de