Subletting Rules in Germany

Subletting (Untermiete) can be a flexible solution if you’re going abroad temporarily or want to share your flat. But there are rules.

General Overview

Subletting in Germany is common but is governed by specific rules and regulations to protect both landlords and tenants. Understanding these rules is essential for anyone considering subletting their apartment or renting a sublet.

Subletting in Germany: What’s Allowed and What Isn’t

1. Permission from the Landlord

Do you need permission?

Tenants must obtain written consent from their landlord before subletting their apartment. The landlord cannot unreasonably refuse permission if the tenant has a valid reason for subletting, such as temporary relocation for work or study. In many cases, you need written permission from your landlord to:

Sublet a room long-term
Sublet the entire flat for a period (e.g. several months)

Landlords cannot arbitrarily refuse in all situations, but there are limits. Your contract may describe how to request permission.

2. Duration of Subletting

Subletting is typically allowed for a limited period, often specified in the rental agreement or by the landlord. Long-term subletting may require a new rental agreement or adjustments to the existing one.

3. Subletting Agreement

It is advisable to create a formal subletting agreement that outlines the terms, including rent amount, duration, and responsibilities of both parties. This agreement helps protect the rights of both the tenant and the subtenant.

4. Rent Limitations

The rent charged to the subtenant cannot exceed the amount the tenant pays to the landlord, plus a reasonable allowance for utilities and other costs. Overcharging the subtenant can lead to legal issues.

5. Tenant's Responsibilities

The original tenant remains responsible for the apartment and must ensure the subtenant adheres to the lease terms. Any damages caused by the subtenant may be charged to the original tenant.

6. Registration Requirements

In some cases, the subtenant may need to register their residence with local authorities, especially if they are staying for an extended period. This registration is important for legal and tax purposes.

7. Legal Protections

Tenants have legal protections under the German Civil Code (BGB) regarding subletting. If a landlord unjustly refuses permission, tenants can seek legal recourse.

Conclusion

Subletting in Germany can be straightforward when both tenants and landlords understand their rights and obligations. Always ensure to follow the legal requirements and communicate openly with all parties involved to avoid disputes.