Subletting FAQ for Tenants in Germany
As a tenant in Germany you may sublet an apartment or a room, but the topic is legally sensitive. This guide explains in plain language which rights and duties tenants have, when a landlord's written consent is required, how sample clauses for shared flats (WG) help and which deadlines and types of evidence are important. You will receive practical advice on handling consent, possible refusal, rent payment during subletting and documentation of agreements. If a dispute arises, we name the competent courts and official legal sources. Use the sample clauses as templates, check the individual case and document every communication in writing. This text helps to avoid common pitfalls and shows how tenants in Germany can enforce their rights in practice.
Rights and Duties for Subletting
Fundamentally, the BGB regulates the main duties of tenants and landlords. For subletting, the landlord's consent is often required; without it tenants risk a warning or, in serious cases, termination. Observe the duty to use rooms appropriately and inform the landlord about the names and number of subtenants.
- Obtain written permission (form): always request before subtenants move in.
- Observe deadlines (deadline): watch deadlines for landlord objections or inquiries.
- Settle rent payments (rent): clearly define who pays whom and which utilities are included.
- Clarify repairs and responsibilities (repair): put maintenance agreements in writing.
- Secure documentation (evidence): keep rental contracts, emails and payment receipts.
Wording and Sample Clauses for Shared Flats
For shared flats, clear clauses in the sublease or an addendum are useful. Typical contents: names of subtenants, duration of subletting, agreed rent and utility splits, and rules on liability and house rules. Use simple, precise wording and avoid ambiguous deadlines.
Sample Clauses (Short)
- "The main tenant may sublet the room to named subtenant X for the period DD.MM.YYYY to DD.MM.YYYY; rent and utilities amount to X euros."
- "Subrent payments are due by the 3rd business day of each month to the main tenant's account."
- "The subtenant agrees to follow the house rules; the subtenant is liable for damage within the scope of their duty of care."
What to Do If the Landlord Refuses Permission?
The landlord may refuse permission only for justified reasons, for example if subletting would overcrowd the apartment or pose a risk to the community. If the tenant has an important reason (e.g., temporary financial hardship), the landlord must often grant permission. Document all reasons and requests in writing and ask for a reasoned refusal.
FAQ
- Can I sublet my room without permission?
- Generally, tenants need the landlord's consent; permanent subletting without permission can lead to termination.
- What should a sample clause for shared flats include?
- Name of the subtenant, duration of subletting, amount of rent, utility allocation, liability and house rules.
- What form should landlord consent ideally take?
- Written with signature; emails with clear consent are also recommended, and saving the communication is important.
- Which court handles disputes?
- Rental disputes are usually handled first by the competent local court (Amtsgericht); higher instances are the regional court (Landgericht) and the Federal Court of Justice (BGH).
How-To
- Ask the landlord in writing for permission (form): state purpose, duration and names of subtenants.
- Document the agreement (evidence): keep copies of the sublease or addendum.
- Arrange rent and utilities (rent): specify payment methods and due dates.
- Clarify repair responsibilities (repair): agree who reports damages and who pays for small repairs.
- Check deadlines in case of dispute and contact the competent local court (court).
Key Takeaways
- Always obtain and keep written landlord consent before subletting.
- Document agreements and payments to avoid later disputes.
- Clear sample clauses reduce legal and occupancy risks in shared flats.
Help and Support
- Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
- Zivilprozessordnung (ZPO) - Gesetze im Internet
- Bundesgerichtshof (BGH)
