Agreeing Subletting: Tenant Rights Germany
Many tenants in Germany consider subletting part of their flat — for a room during a trip or to cover rising costs. This article explains clearly when subletting is legally possible, what landlord consent is required, which forms and deadlines to observe, and which obligations from the tenancy agreement continue to apply. I show practical steps: how to write a formal request, what information belongs in the subtenancy agreement, and how to protect yourself against unjustified refusals. The guidance is aligned with German laws and courts to help you make secure decisions as a tenant. I also list relevant BGB sections, official forms and how to proceed at the local court if a dispute arises.
What applies to subletting?
Section 540 of the German Civil Code (BGB) governs permission for use by third parties and the landlord's rights;[1] the general tenancy rules are found in §§ 535–580a BGB.[2] Without separate permission, permanent subletting can often violate the lease. Clarify purpose, duration and the subtenant's name in writing beforehand to avoid misunderstandings.
In many cases the landlord's written consent is required.
Rights and duties of tenant and subtenant
- Send a written request to the landlord stating purpose and duration of the subletting.
- Observe deadlines: respond to landlord queries within a few days to avoid delays.
- Documentation: keep emails, photos and the sublease agreement as evidence.
- Liability and repairs: clarify whether the subtenant handles small repairs or the main tenant remains responsible.
Store all written consents and messages carefully.
FAQ
- Do I need my landlord's permission to sublet?
- As a rule, the tenant requires the landlord's consent; only in cases of legitimate interest may a right to permission exist.
- Can the landlord simply prohibit subletting?
- The landlord cannot refuse arbitrarily, especially not when the tenant has a legitimate interest; in case of dispute, the local court decides.[3]
- What information should a subletting request contain?
- Name of the subtenant, duration, portion of rent, contact details and purpose of use as well as proposed changes to the sublease agreement.
How-To
- Write a formal request: state duration, person and reason for subletting and include contact details.
- Prepare a sublease agreement: specify term, rent amount, utilities contribution and liability rules in writing.
- Observe deadlines: reply promptly and give the landlord reasonable time to consider.
- If disputes arise, document and consider proceedings at the local court.
Thorough documentation increases your chances of success in disputes.
Key Takeaways
- Always obtain written landlord consent when possible.
- Use a clear sublease agreement covering obligations.
- Keep deadlines and your correspondence to protect your rights.
Help and Support / Resources
- [1] § 540 BGB - Use by third parties
- [2] German Civil Code (BGB) §§ 535–580a
- [3] Federal Court of Justice (BGH) - tenancy decisions
