Avoid Sublet Renewal Mistakes in Germany

Many tenants in Germany face the question of how to safely renew a sublet without making legal mistakes. Clear agreements on notice periods, the main landlords consent, rent and deposit issues are especially important. In this article we explain step by step in plain language which deadlines and obligations to observe, which proof you should collect and which forms or courts may become relevant. The guidance is aimed at tenants without legal expertise and offers practical examples so you can protect your rights and avoid unpleasant surprises. We also show how to draft written agreements, which documents count as evidence and when court clarification at the local court may be necessary. With clear checklists and examples from German tenancy law you keep deadlines in view and act confidently.

Legal basics

German tenancy law is largely regulated in the Civil Code (BGB); central duties for tenants and landlords are found in §§ 535 6-580a BGB.^[1] For civil proceedings such as eviction suits or claims for payment, the Code of Civil Procedure (ZPO) applies. In case of disputes, the local court (Amtsgericht) is usually competent in the first instance; fundamental legal issues can be decided up to the Federal Court of Justice (BGH).

Practical checklist before renewal

• Check notice periods (deadline) in the sublease and note all deadlines in writing.
• Obtain the main landlords consent and request a written confirmation (form).
• Negotiate the rent (rent) and record agreements on utilities and the deposit.
• Document the handover condition with photos and a handover protocol (evidence) for protection.
• Clarify contact details and delivery methods (contact) for formal notices in writing.

Contract form and wording

An extension of the sublet should ideally be made in writing as an addendum to the existing sublease. This addendum should state the start and end, the notice periods, the exact rent amount, rules on utilities and the deposit arrangement. Name clear deadlines and a contact person for queries. If a sublease does not provide for extension, a mutual written agreement between subtenant and main tenant often suffices; without the landlords consent there remains a risk.

Important forms and courts

There is no uniform nationwide "sublet renewal form", but the following official documents and institutions are relevant:

• Application for legal aid (prozesskostenhilfe, PKH) for court proceedings if you cannot cover the costs yourself.
• For eviction or payment disputes the local court (Amtsgericht) is competent; for appeals and revisions the higher courts or the BGH may decide.
• Use a detailed handover protocol as evidence for damages and returns.

In case of legal uncertainty, a consultation or inquiry at the local court can clarify which steps are necessary.^[2][3]

FAQ

When do I need the main landlords permission?

If your sublease or the main lease restricts subletting, you usually need the main landlords written consent.

Can the landlord refuse the extension?

Yes, the landlord can agree or refuse, especially if there are legitimate reasons like overcrowding or contractual bans.

What if the landlord terminates despite an agreement?

Check notice periods and collect all written agreements and receipts; consider legal advice and possibly action at the local court.

How-To

1. Request the main landlords written consent (form) and document receipt.
2. Note notice periods (deadline) and set deadlines for possible objections.
3. Agree in writing on rent and deposit (rent) and save all payment receipts.
4. Create an updated handover protocol (evidence) with photos and signatures.
5. If a dispute arises, contact the local court or apply for legal aid (contact).

Key Takeaways

• Secure renewals in writing and clearly.
• Documentation protects you in later disputes.
• Pay attention to deadlines and respond promptly.

Help and Support

• Federal Ministry of Justice and Consumer Protection – information on tenancy law
• Laws online – BGB and ZPO
• Federal Court of Justice – key tenancy law decisions

1. [1] BGB §§535–580a  gesetze-im-internet.de
2. [2] ZPO  gesetze-im-internet.de
3. [3] Bundesgerichtshof  bundesgerichtshof.de