Check Subletting for Tenants in Germany

Many tenants in Germany face the question of whether they may sublet an apartment in whole or in part and how this should be arranged when moving in. This text explains in plain language which rights and duties tenants have, when landlord consent is required, which deadlines and documents are important and how to record a clear agreement in writing. Readers receive practical steps, sample wording and guidance on court clarification so that subletting proceeds legally and later disputes are avoided. The language is deliberately simple; legal terms are explained and official sources are named so you can act correctly when moving in and protect your rights as a tenant in Germany.

When is subletting permitted?

In principle, the tenancy remains in place when you sublet to third parties. Under § 540 BGB tenants generally need the landlord's consent; exceptions exist only in narrow cases.^[1] It is important whether the subletting places an excessive burden on the apartment or impairs the landlord's legitimate interests.

Practical checkpoints before move-in and agreement

• Check the rental contract for clauses on subletting and for general prohibitions.
• Ask the landlord explicitly whether and under what conditions they consent.
• Document the name, duration and purpose of the subletting in writing.
• Clarify whether utility costs or liability issues change and how costs are borne.

How to draft an agreement at move-in

A simple agreement should include the following points: name of the subtenant, start and end of subletting, scope of use, rules on utilities and liability, and confirmation that the landlord has been informed and consents. Phrase items as concretely as possible and avoid vague terms like "by arrangement" without deadlines.

Rights and duties after agreement

As the main tenant you remain responsible to the landlord. This means you are accountable for damage, missed payments or contract-breaching use by the subtenant. If the landlord unreasonably refuses consent, you may be able to take legal action; local courts (Amtsgericht) handle disputes.^[2]

Deadlines and formal steps

• Request written consent or refusal from the landlord within a reasonable period.
• Keep copies of emails, messages and the agreed sublease contract.
• If in dispute, you can file a claim at the competent court; observe the procedural rules of the ZPO.^[3]

Common mistakes to avoid

• Agreeing subletting without the landlord's consent.
• Relying only on verbal agreements without written confirmation.
• Leaving utility or liability arrangements unclear.

FAQ

Do I always need the landlord's permission to sublet?

In most cases yes. Section 540 BGB provides that the landlord must agree unless the contract explicitly states otherwise.^[1]

What can I do if the landlord refuses without reason?

You should request the refusal in writing, check whether it is factually justified, and possibly consider legal action; local courts decide such disputes.^[2]

What information should I provide to the landlord?

Provide the subtenant's name, period, purpose (e.g. professional, student), number of occupants and agreed rent payments.

How-To

1. Read your rental contract carefully and note any clauses on subletting.
2. Contact the landlord early and request written consent.
3. Create a written sublease agreement including names, duration, costs and consents.
4. Keep all evidence of payments and communications.
5. In conflicts, inform the competent local court or seek legal advice.

Help and Support / Resources

• BGB § 540: Subletting (Gesetze im Internet)
• Federal Court of Justice (BGH) – Case law on tenancy
• Code of Civil Procedure (ZPO) – Procedural rules (Gesetze im Internet)

1. [1] Gesetze im Internet – BGB § 540
2. [2] Bundesgerichtshof – Decisions and information
3. [3] Gesetze im Internet – Zivilprozessordnung (ZPO)