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RENTING

EXPLAINED: How to sublet your apartment in Germany

If you’re going away for a period of time or want to cut your living costs, subletting your flat can seem like an appealing option. But there are a lot of things you need to consider first. We break them down.

A man hands over a set of apartment keys to someone else.
A man hands over a set of apartment keys to someone else. Photo: picture alliance/dpa/dpa-tmn | Christin Klose

What is subletting?

A subletting arrangement is when a subtenant is allowed to use the main tenant’s apartment, or part of it, in return for payment.

Having visitors in your home, even for a period of up to six weeks, does not count as subletting and you do not have to inform your landlord. But be careful: If the visitor starts paying rent, this becomes a sub-letting arrangement and if the visitor stays more than six weeks in a row, you have a duty to inform your landlord.

READ ALSO: The most expensive (and cheapest) cities in Germany to rent a room

If close family members such as parents, children, partners or spouses move in with you, this is also not a subletting arrangement and is considered part of the normal use of the rented property. 

However, you should inform your landlord of such a change in circumstance, not least because at some point the new person living in your apartment will at some point need to register with the local authorities.

Do I have to tell my landlord?

Yes. Regardless of whether you are just subletting a room or your whole apartment, you have to inform your landlord and, in most cases, you are required by law to obtain the landlord’s permission to sub-rent. This applies for whatever time period you want to sublet for: whether it’s for a weekend or for six months. 

One exception to this rule is if you rent a room in a WG (shared accommodation) and all of the tenants are equal parties to the contract. In that case, it’s possible to sublet individual rooms without having to get permission from the landlord, but you should still inform them.

If you try to rent out your place or a room without your landlord’s permission and get found out, you could face legal action, or be kicked out of your apartment before the agreed notice period. 

READ ALSO: REVEALED: The most – and least – popular landlords in Germany

Can the landlord refuse to let me sublet?

If the main tenant has a so-called “justified interest” in subletting part of the apartment, they can demand that the landlord agrees to the sublet and even take legal action or acquire a special right of termination of the rental contract if they refuse.

However, this right only applies to a sublet of part of the apartment and not the entire space within the four walls – in this case the landlord is within their rights to say no to the sublet. 

When subletting part of an apartment, a justified interest must be for an important reason such as a needing to move abroad temporarily for a job or personal reasons, or a partner moving out and the tenant no longer being able to cover the rental costs alone.

In general, landlords shouldn’t refuse your request to sublet unless there are good reasons – for example if the apartment is too small. 

The landlord can’t reject your subletting application without good reason and if they do, you can gain a special right to terminate your rental contract, and can even sue for your right to sublet. 

What information will I need to give my landlord? 

Whether you are subletting a room or the whole apartment – you’ll need to give your landlord the following information:

  • Who is moving in
  • How long you will be subletting for
  • For what reason you plan to sublet

If you want to set up a WG (Wohngemeinschaft or shared flat) as the main tenant, you should discuss this with the landlord beforehand, as it may be worth changing the apartment status to a shared apartment in the main rental agreement. That way, you won’t have to send a new application every time a new roommate moves in.

Do I need a special rental contract?

If you are going to subrent your apartment, it is definitely worth having a contract. 

A contract between the main tenant and the subtenant is completely separate from the contract between the main tenant and the landlord, so all responsibilities arising from the sub-rental contract will fall on you and not the landlord. 

A man fills in the details of a rental contract by hand. Photo: picture alliance / dpa | Armin Weigel

At the same time, as the main tenant, you will still be liable to your landlord for any damage caused by the subtenant, so it is best to put a clause in the sub-rental agreement that outlines how this will be covered, and also to make sure that your subtenant has personal liability insurance. 

There are plenty of websites that offer templates of sub-rental contracts for you to use, and you should make sure your contract includes the following information:

  • The personal details of the subtenant
  • The sub-rental cost and any service charges
  • When these are to be paid
  • Which rooms may be used
  • How many keys have been handed over
  • Details of a possible deposit
  • The condition of the rented apartment
  • House rules, such as no smoking, pets, etc.
  • Liability for possible damages

How much can I charge?

You can usually negotiate the sub-rental price yourself, but you should be careful not to overstep the rental limit per square metre for your area. If you charge over this amount and your subtenant finds out, they have the right to demand the local square metre rental price and you may have to refund them the total amount of overcharged rent.

If you sublet a furnished apartment, you can add a surcharge based on what you will be leaving in your apartment. You should also factor in the energy and water costs.

READ ALSO: Everything you should know about renting a furnished flat in Germany

Do I have to get consent from the local authorities?

In some cases, you will also need to get permission to sub-rent from the local authorities to rent out your place. 

If you sublet in Berlin or Frankfurt, for example, and you want to advertise your flat for holiday rentals, you have to get approval first.

A wooden judge’s hammer lies on the judge’s bench in the jury courtroom in the Karlsruhe Regional Court. Photo: picture alliance / Uli Deck/dpa | Uli Deck

If you go ahead and rent on a site like Air BnB without approval, you can expect to pay a hefty fine. Though the highest possible fine of €500,000 is unlikely, there are numerous reports of people getting fines in Germany of several thousand euros.

Another important thing to remember is that, if you make more than €520 profit in a year from sub-renting, you have to include this in your tax declaration.

Can the landlord demand I pay extra?

If a landlord allows subletting, they can also demand a share of the extra income from the main tenant. The amount of the surcharge cannot exceed 25 percent of the sublease, however.

Useful Vocabulary

to sub-let – Untermieten 

sublease agreement – (der) Untermietvertrag

termination without notice – (die) fristlose Kündigung

ban on misuse – (das) Zweckentfremdungsverbot

special right of termination – (das) Sonderkündigungsrecht

justified interest – (das) berechtigtes Interesse

personal liability insurance – (die) Haftpflichtversicherung

We’re aiming to help our readers improve their German by translating vocabulary from some of our news stories. Did you find this article useful? Let us know.

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ENERGY

German housing co-op slammed for restricting access to tenants’ hot water

A housing cooperative in Saxony has taken the drastic energy- saving measure of restricting access to hot water over fears that Russia could turn off the gas taps in Germany this winter.

German housing co-op slammed for restricting access to tenants' hot water

In a Facebook post that swiftly went viral on Tuesday, the Dippoldiswalde Housing Cooperative in Saxony announced that it would be restricting tenants’ access to hot water at certain times of the day. 

“The prices for gas and electricity continue to rise,” the co-op wrote. “As already announced at the members’ meeting, we now have to save for the winter.”

The notice included a list of times of day (including in the mornings and afternoons on weekdays) that no hot water would be available in their buildings. On Saturdays, tenants will only be able to take a warm shower in the late afternoon, the co-op said.

It also announced that heating would be switched off entirely until September.

Within hours, the post was being widely shared on social media channels, with one user describing it as “fathomless cheek” and another describing it as “crazy”. 

Speaking to the Funke Media Group on Wednesday, Housing Minister Klara Geywitz (SPD) slammed the decision to manipulate the hot water supply as unlawful.

“Simply turning off the hot water temporarily is illegal,” she said. 

The decision to limit tenants’ access to hot showers and heating also drew consternation from ministers in the Saxony state government and from tenants’ rights associations.

The Germans Tenants’ Association pointed out that issues with the hot water would entitle the tenants to a rent reduction.

Since July 1st, just under half of Dippoldiswalde’s 600 apartments have been affected by the new rules. These are the 300 flats that are heated primarily with gas, WDR reported. 

READ ALSO: 

Housing Minister Klara Geywitz (SPD) at an SPD event

Housing Minister Klara Geywitz (SPD) at an SPD event in Berlin.

‘Life is expensive’

The security of Germany’s gas supply has been a growing issue in recent months as the country scrambles to save enough energy to tide it through winter.

Despite the efforts of the Economy Ministry to rapidly diversify the energy supply, Europe’s largest economy still receives around a third of its gas from Russia, which the government fears will put the country in a weak position when the cooler months roll around. 

President Vladimir Putin has already reduced or cut off the gas supply to several EU nations in retaliation for its sanctions over the Ukraine war. 

In Germany, gas deliveries through the Nord Stream 1 pipeline have been docked by 60 percent. 

Economics Minister Robert Habeck (Greens) has launched a campaign to encourage people to save energy voluntarily, for example by taking fewer showers in summer. 

The German Network Agency has also called for legal minimum temperatures for tenants to be reduced in light of the current crisis. 

READ ALSO:

Defending the plans to restrict hot water in the Saxony properties, Dippoldiswalde housing co-op board member Falk Kühn-Meisegeier said the move was to ward off the price hikes for next year. 

“It’s not a matter of bullying the tenants, but rather of adjusting to what we might otherwise not be able to pay next year,” Kühn-Meisegeier told WDR. “We want tenants to get through this crisis well. Life is expensive enough as it is.”

The co-op says it also wants to “generate electricity on our roofs” and pass it on to the members without a levy or charge.

“That would be a real relief,” the housing association said. “No one in Berlin or at the ‘E.on’s of this world’ wants that”.

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