Subletting (Untervermietung) means that you, as the main tenant, let your flat or part of it to another person. It is common in German cities, for example during a stay abroad or to share costs. The rules protect both the landlord and you.
Permission
Ask your landlord in writing, stating the name of the subtenant, the period and the part of the flat.
Right to permission. The landlord must allow you to sublet part of the flat if:
- you have a legitimate interest, such as a stay abroad for work, a new partner moving in or financial reasons,
- the interest arose after you signed the lease,
- you keep part of the flat for yourself, for example a room for your belongings,
- there is no important reason against it, such as overcrowding.
The landlord may ask for a reasonable rent surcharge.
Entire flat. For subletting the entire flat, there is no right to permission. Many landlords agree for a limited period.
Without Permission
Subletting without permission is a breach of the lease. After a warning, the landlord can terminate the lease, in serious cases without notice. Do not risk this.
The Sublease Contract
Agree in writing:
- the rooms and furniture included,
- the rent, including service charges and internet,
- the period and notice,
- a deposit,
- house rules and handover.
The subtenant has a contract only with you, not with the landlord. The usual tenant protection rules apply to the sublease, with exceptions for furnished rooms within your own flat.
Rent Limits
The rent brake also applies to subleases. You may not charge more than allowed for the flat, plus a reasonable surcharge for furniture. Overcharging can lead to claims by the subtenant. See the rent brake.
Short-Term Rentals
Many cities, including Berlin, restrict short-term holiday rentals and require registration or a permit. Renting via holiday platforms without permission can lead to high fines and termination of your lease.
Your Liability
As main tenant, you remain responsible to the landlord:
- for the full rent, even if the subtenant does not pay,
- for damage caused by the subtenant,
- for returning the flat at the end of your lease. If your lease ends, the subtenant must also leave.
Frequently Asked Questions
Does my partner moving in count as subletting?
Your partner moving in requires the landlord's permission, which usually must be granted. Spouses and children do not need permission.
Can I sublet while I am abroad for a year?
Usually yes, if you keep part of the flat and have a legitimate interest such as work abroad.
Does the subtenant need to register?
Yes. Anyone living in the flat must register their address. You must provide the confirmation as the person providing the accommodation.
