Subletting a flat in Germany is often the most straightforward way to land on both feet.
Newcomers often don’t have the financial record & the necessary network to rent a flat of their own in the first few weeks or months. With no SCHUFA record, no relatives, friends and sometimes no job, it’s a real challenge.
A good temporary solution is to turn to sublets. Not only is sublet legal in Germany, but it’s also a very common practice. A sublet in Berlin (or any other city in Germany) often means 2 scenarii:
- The main tenant has a contract with the landlord and wants to create a flat share (WG). All flatmates will sublet one of the rooms.
- The main tenant is going away for a while but they will eventually return. They will sublet the whole flat for some weeks or months.
At the end of this post, you will know about the most crucial points to remember when signing a subtenancy contract. This is relevant for subtenants and main tenants.
Disclaimer: the information in this post is relevant for sublets in Berlin, but also for anywhere in Germany.
How to find sublets
Here are key terms to use during your search:
- Zwischenmiete (In between rental): This describes a temporary sublet in which the main tenant is leaving for several weeks or months at a time. They are pretty sure to return and don’t want to cancel their contract with the landlord. This term can apply for flat shares and flat alike.
- Untermiete (Sublet): this usually describes a more permanent sublet. It also can apply to flats & flat shares.
Sublets in Berlin are often listed in the usual portals (as listed here for flats & here for flat shares). However, sublet offers are usually posted by main tenants themselves. This means that you will find them more often on classifieds websites than on proper real-estate platforms (à la Immoscout).
Legal aspects of sublets in Germany
Landlord permission
Subletting in Germany is allowed as stated in the civil code (§ 553 Abs. 1 BGB). However, it is considered a temporary situation occurred by specific situations. Some example includes moving to a different city for work or studies, or the main tenant can no longer afford the rent after losing a job.
Those cases may qualify as a so called “legitimate interest” when it’s only about renting out one room in the home. In this case, a landlord cannot refuse to give permission.
When subletting a whole flat however, the landlord can refuse to give consent (regardless of the life situation). The landlord can also refuse to sublet if the subtenant previously had a bad history with the landlord or if the sublet would make the the home overcrowded.
In any case, you need to ask for consent before the start of the contract in written form. In this letter, you need to state the following things:
- Why you need to sublet
- Start date, End date
- Identity of subtenant.
You can use this template from the Berliner tenants’ association.
Deposit
The main tenant may only demand a maximum deposit equal to three months worth of rent (i.e. excluding utilities, Kaltmiete). Moreover, the subtenant has the right to pay this deposit in three installments, with the first one due at the signing of the contract. Be aware that the main tenant is obligated to keep this money separated from their own assets. If you so wish you can ask them to prove they are saving your deposit separately from their own assets.
When you vacate your apartment, you will receive the deposit back with interest – if the apartment is in good shape.
Rent price
Main tenants are not allowed to charge the subtenant more than what they pay themselves to the landlord. The price is intended to cover the costs only, as stated in § 5 Wirtschaftsstrafgesetz . However, the law also allows some room since main tenants almost always include furniture/appliances/etc as part of the deal (source). A small increase within 20% is thus usually considered acceptable.
The main tenant has to declare the rental income as part of their yearly tax return, but does not have to pay tax on it, if no profit was made.
Contract termination
Here are few things to know about (early) sublet contract termination in Germany:
- The statutory termination conditions applies to you as a subtenant. This means that the main tenant has to give you three months notice and only if there is a legitimate reason from their side.
- This right is different if you have signed a temporary sublease contract. The protection against early termination in general tenancy law does not apply to subletting if the main tenant has rented the apartment in whole or in part with furniture (section 549 BGB). In this case, only 2 weeks notice apply, with no legitimate reason.
- If the main tenant is effectively terminated by the landlord, the sub-tenant must vacate the apartment at the same time.
Damages & liability
Even if the subtenant cause damages on the property, the main tenant is actually responsible for them in the eyes of the landlord (and the law). It is therefore recommended for the subtenant to sign-up for liability insurance in Germany.
The main tenant is also liable if the subtenant fails to pay their share of the rent.
Sublet contracts in Germany
Believe or not, a written contract is not required. It is however a good idea for all parties involved to draft one. It should include the following:
- Names of the main tenant and the subtenant
- The exact description of the apartment (address, floor)
- Start and end date of the lease
- Rent price
- Additional charges (internet, electricity, etc)
- Which rooms may be used
- How many keys were given
- How much deposit is due
- House rules (pet, smoking, parties, etc)
You can use this sublet contract template for Germany.
It’s also a good idea to properly document the state of the property, furniture & appliances. You can read how to do that in this apartment handover guide for Germany. This is will serve as a reference at the end of the contract when returning the deposit.
Sublets in Germany – FAQ
Yes, according to § 553 Abs. 1 of the German civil code. A main tenant may sublet their home, provided he gathers written permission from the landlord first.
Even if your landlord allows subletting, you may not automatically rent out your apartment to tourists as a holiday apartment or offer it via Airbnb. You risk a termination. (source)
Close family members, spouses do not need to sign a contract and can stay with you, without the need for your landlord’s permission. This is also the case for visitors staying for up to 6 weeks.
Hi Bastien,
I need your advice please.
My wife needs to apply for spouse visa and i am getting an apartment on sublet for 8 months.Main Tenant doesnt want to involve the owners. Will this contract create any problem when i apply for spouse visa?
Best Regards
Kamran
Hey Kamran. The main tenant should in theory be involving the owners, because they need authorization to do a sublet to you. This can create an issue down the line because you need to be able to do the Anmeldung to get started on any visa related stuff. Without the proper paperwork from the main tenant or the owners, you cannot do the Anmeldung. Does that help to answer your question?
Hi Bastien,
Thankyou for the response. The main tenant says that the subletting is allowed in her contract so i can do the anmeldung but she doesnt want to involve the owners regarding my spouse because they may not allow 2 people
Hey Kamran. Since she is your spouse, she does not need an extra authorization from the landlord or even the main tenant to register there. They should be let known about it, but they can’t end the current contract with you or request that your spouse is listed in the contract as well. (Source 1, Source 2).
Hi Bastien, Thanks for the information! I have a question regarding the registration. I am currently subleasing from someone but they are not allowing me to register the flat as they would then be unregistered. Is this the case that if I register the flat, the main tenant would no longer be registered?
Thanks,
Prachi
Hey Prachi. I’m unsure of the meaning they put behind this. There is a good chance it’s just an excuse because they haven’t told the landlord that they are subleasing. Therefore, they aren#t able to provide the move-in confirmation. Main tenants & subtenants can be registered at the same address without an issue. Does this answer your question?
Hi Bastien, thank you for your response. The landlord is aware of the subleasing. I even have a contract. It is just the registration that is the issue.
Then I really don’t get it. Registration is not only possible but it is a right you have.
Hi Bastien – thanks so much for this, I found your article very helpful! However, I’m currently facing a subletting issue and wondered if I could get some guidance. I recently discovered that the person I’m subletting from is charging me more than double their own rent, and they plan to increase it further. Due to unemployment, I’ve decided to end our contract and move out one month earlier than planned, but they have agreed to this and agreed to return my deposit, thankfully.
My question is, considering it’s not an officially registered sublet and the landlord is unaware, am I entitled to any refund for the overpaid rent? Also, is the contract I signed with the Hauptmieter legally valid in this situation? (as in, will this prevent me from getting any money back as I technically signed a contract with them, agreeing to this amount of rent?).
I’d greatly appreciate any guidance you can offer on this matter. Thank you for your time!
Hey Peach. Sorry to hear about this. This sucks. This has been brought up by others as well. Regarding overpaid rent: it seems that your initial agreement would hold in the face of law and you probably can’t get your money back (source). Please beware that this is only a qualified opinion, and not legal advice. Reach out to a professional if in doubt.
Hi Bastien,
Thank you for all the information. I came to Berlin to do an internship for 4 months, I found a tenant that was willing to rent for the mentioned Period as he said he will be out of the Country. We signed a contract and fortunately after 4 months the company decided to offer me a fulltime Job. I discussed this with the tenant and he said it would be ok to stay for few more months, I was expecting a signed contract that never arrived. After few months went by, the tenant mentioned I could have his place that he would speak with the landlord. 3 months have passed and he continues telling me the same story. After some weeks I found out that the actual rent paid in the apartment is 580 euros and yet he was charging me 1000. When I politely asked him about this rent excess, he mentioned that this were the terms and that I should get out of his place by the end of the month, he also said that the Landlord never replied, meaning I could not moved in. I was wondering if he can just kick me out after I have been here for more than a year? Can I please have any recommendations on what to do in this case. I was planning to call the landlord or even go to their offices but now I am thinking the Tenant did not have any previous authorization and things can even get worst. Please let me know you comments. Thank you very much.
Hey Nicolas. Sorry to hear about your issues. You are right in saying that the main tenant probably overcharged you. AS mentioned in the post, a 20% increase is considered acceptable, but not x2. Here what I found that could help: Regarding the notice period, if there is no current written contract, the civil code applies and you have a minimum of 3 months notice (source). If like you suspect, the sublet was not even permitted to start with, the main tenant probably can’t do anything about this. Regarding the money, it seems that your initial agreement would hold in the face of law and you probably can’t get your money back (source). Please beware that this is only a qualified opinion, and not legal advice. Reach out to a professional if in doubt.
Hello ,
Thanks for the article.
My question is can I register the address in the office with a sublease contract of 2 months ?
Thanks
Hey Hani. Yes, that’s not an issue. Make sure to do your Anmeldung again, when you have found a new place to live after this one (“Ummeldung”).
Hi Bastien,
Thank you for the helpful article and dialogue.
Is it normal to pay the full amount of a sublet upfront? I am hoping to sublet an apartment in Berlin for three months. The current tenant is asking that I pay all three months and kaution up front… very nervous about getting scammed!
Hey Ashley. I would also be cautious. It’s more normal to ask for the first month & deposit together, with the rest as monthly bank transfers or something. It’s not illegal, but check twice before committing to this indeed.
Hi Bastien! Great info!
I have a question: I was meant to move into an apartment on a sublease contract for a period of two weeks. However, I cancelled because I found a cheaper place, but had already signed the contract. There was a period of 8 days left until the move in date, and I hadn’t made any payment yet, nor had I acquired the keys. The lady subletting now wants me to still pay her. Is this legal, and do I still have to pay even though I never moved in?! Thanks!
Hey Diana. It is apparently possible to cancel your contract before the start, provided no terms prevent you from doing so. Source. But be aware that you might need to research this further, or consult with a professional. Good luck!
Hi Bastien,
This article was very helpful, but I have a question about sublease security deposits. I am an international student who will be studying in Berlin for 3 months. I am in the process of finalizing a rental agreement. I am going to be subleasing an apartment from another individual. The security deposit is less than 2 months rent, and it was not listed in the contract itself whether I would transfer it to the main tenant or the landlord. Before I ask the main tenant, I wanted to double check what the customs/rules were about deposits. So, should security deposits be paid to the main landlord or the main tenant. Should I also ask to meet the main landlord? I may be acting paranoid, it’s just that I have heard of so many rental scams in Berlin and I want to be cautious!
Hey Kovi. A sublet agreement binds the main tenant and the subtenant. Everything should be done with the main tenant, also the deposit. Make sure that the contract states how/when/when the deposit should be paid to the main tenant, and when/how/when you should get it back.
Hi Bastien,
I am a student here in Leipzig for the past 2 years. I want to ask, can I rent an empty apartment, furnish it and sublet it further at a 20% increased price to students who will be coming to Leipzig? I have huge connections among international student groups who will be coming to Germany, so I’m thinking of doing this as a business start-up.
and of course, I will be making my Idea clear to the landlord before taking the apartment on rent in my own name. I believe this will help the international students as well, as there is always a crisis in finding a WG here.
I look forward to your reply
thank you
Hey Lakshya. There is a world of difference between sub renting to private individuals as a main tenant, and turning this into a business. You’d need to register as a business and pay tax on that income, and this 20% price increase rule would not apply to you as a business.
Thank you for the nice info!
I would like to move out of the current room because it’s uncomfortable for some reasons. There is one kitchen and one bathroom and toilet (not separated) for 7 people. On the weekends even the landlord uses the shower. When we talk with roommates in the kitchen with a normal voice, the landlord comes up to the kitchen and tells us not to speak in the hall or kitchen.
We have no right to even speak with roommates.
I told him that I wanna move out but he refused this because my contract is a 1-year-fixed-contract, he said.
Can these complaints be a reasonable reason for moving out?
Hi Wendy. I am very sorry to hear this difficult situation. First, the landlord has to give you sufficient notice when entering your home. (Can’t really tell if your landlord lives in the same house). Second, your landlord cannot enforce rules like not speaking in the hall or kitchen. Third, a lot of limited contracts like those are often not valid because there needs to have a valid reason for that limit (wants to use the space for themselves, renovations are due after your contract, or they want to switch to a company flat). I strongly encourage you to read this (translate to EN if needed). See if any of that applies for you, because your contract might not legally be considered as limited. In case, you can leave more easily. Please note that this just an educated opinion on the matter: check a professional for proper legal support.
Hello, thank you for your supportive article!!
I have a question.
Last September, I made a one-year contract in WG in Freising, a Bayern city. But last week I got a room in a student dorm which is way more cheaper so I would like to move in.
So I want to sublet my current room. But the thing is, in the contract, a statement says that I am not allowed to sublet no matter what. And he refused my request to sublet.
Can I still sublet my room in this situation?
Hey Dolce. Glad it was useful. If the main tenant or landlord refuses to let you sublet, there is not really anything you can legally do I’m afraid.
Dear Bastien,
Thank you for your quick reply! I appreciate it!
Hello Bastien,
Thanks for your post, I found it really useful. I have a question though and hope you could help me.
I have signed an Untermietvertrag for a year (which makes me feel now that it is a Zwischenmietvertrag). I haven’t gotten the apartment handed over (It is supposed to happen in two weeks) but I let my landlord (main tenant) know that my mom is coming with me for some time. He refused to that and mentioned that he has a policy where she cannot stay, that there was a hotel nearby. I replied that it would not be for long and if at all there was an increase in the costs of gas, electricity and so on, I would pay for those for sure. He mentioned that he was really strict with this policy and that any failure to comply with it, it would result in the contract being terminated. Somehow, I said that this situation was not mentioned in the contract and that I propose to break this contract. He does not agree with this and now wants me to pay for the financial loss caused by “me” until he finds a new tenant.
I really don’t know how to proceed and I would really appreciate any help.
Hey A. Sorry to hear about your troubles, that sucks. First, do know that only a legal expert on the matter could give you advice you could follow for sure. My qualified opinion is that your mum could be considered a guest (since she does not pay rent) and that in this case, the main tenant cannot oppose to this, and cannot be used for contract termination. Check this source about having guest as a tenant (rules also apply for a subtenant). It points out that even a stay of several weeks does not require any permission from the landlord/main tenant. Anything longer than 6-8 weeks could be a problem though. Good luck with it all.
Hey, can you please advice where shall we reach out in the situation when we realized from the owner of the apartment that we paid for the sublet way more than 20% of the full price and would like to request a compensation. We luckily have contracts signed up.
Hey Kate. You should take this directly to the main tenant and see how can this be negotiated. If they are not willing to compromise, you might need a lawyer to intervene…
Hi I live in Berlin and have subrent
My flatmate is dangerous for me and he addicted to drugs
I’m thinking how to be safety
I think he did not asked his company about subletting a room in this flat, what steps I can do by low? I have this contract with him for year. Is it possible to have any defence
Hello Yaroslav. Sorry to hear about problems. If you are the subtenant and the subtenancy is illegal, I’m afraid there is not much you can do in your position, legally speaking. The landlord will probably just terminate the main tenant’s contract if they are to learn about this situation. Get to safety and find somewhere new asap! You should seek professional help if you think you are in danger.
I’m having a lot of trouble finding a sublet that’s reasonable (location, price, condition, etc), but came across one listing where the main tenant told me her landlord universally does not permit sublets (which seems to be inconsistent with the law, if I’m not mistaken, but not a direct violation of it?)… (S)he told me that while the landlord has a blanket prohibition on sublets, (s)he has in effect subletting it on occasion for years (when she leaves the country intermittently for engagements). So the main tenant seems to have indicated that while subletting is “officially” prohibited all the time, the landlord has repeatedly ignored it…
So, would it be safe for me to take what would be a two-month sublet under these conditions — when everything else I’m coming across is highly unreasonable (as far as cost) and/or otherwise sketchy (like sublets directly across from Gorlitzer park for 1500 eur monthly? Feedback would be appreciated. Thanks!
Hey Kayla. In my opinion, it might only be a small gamble. On the one hand, it’s the main tenant’s responsibility to gather permission from the owner, not yours. On the other the risk of the owner discovering this in those 2 months could be considered slim. But the choice is yours and I appreciate the current difficult conditions. Good luck!
Hi Bastien.
this is a very helpful thread. I was wondering what you mean exactly by that: The statutory termination conditions applies to you as a subtenant. This means that the main tenant has to give you three months notice and only if there is a legitimate reason from their side.
I have been living in the same WG peacefully since 3 years now, and i have been paying my rents etc. always on time. I had an operation in December and that put me to bed for a long time and my mother came over to help me for 2 months. That created a havoc in the flat and the main tenant has been using his power over me by the rights of the contract. Now the main tenant wants me out of the flat by giving me a notice of 3 months.
I was wondering if i have any legal right to stay more and negotiate with the Hausverwaltung before i give up as i am also not in the physical condition to move out just yet. Any ideas? thanks
Hey Kat. A lawyer would be better placed to judge the details of your situation. My opinion is that if your physical condition doesn’t allow it, the main tenant can probably not kick you out yet. There has been a number of cases that have supported that in the past few years, like this one for example. That would probably fall under the “Sozialklausel”. More info hhere about that. In general, if you have a signed an unlimited contract, the main tenant or landlord needs a good enough reason to be able to terminate the contract. Disagreements & conflicts between flatmates are not good enough usually.
Hello Bastien,
I have two questions on which I’m in dire need your guidance.
1) After the last WG (where I lived for 3 months), the main tenant who sublet the flat to 4 of us sent my deposit back 18 days late, despite my writing several times during this period. And she sent it with a cut of 150 euros which she called as “year-end payments” for nebenkosten.
But she didn’t tell me about this in advance, and this is not stated in our contract.
If I’d knew that I would be paying 150 / 3 = 50 euros extra per month in the end, I would have moved to another place.
She decieved me.
2) After that, I moved to a private dorm room of a woman, who sublet her room to me for 800 euros warm. However, after some search I found out that the warm renting costs of the rooms in the dorm are between 550 and 630 euros, and that she’s probably making somewhere between 150 to 200 euros per month over this sublet.
Do you have any leads & recommendations in these situations?
It is really bad and dishonest to be exploited.
Hey Cey. Sorry to hear about your troubles. 1) I cannot tell you exactly. Check if your contract mentions Nebenkosten, and if they are included in your rent already. Here is a source with more details on that topic. 2) As mentioned in the post, the main tenant can raise rent a little bit within an acceptable margin. 800€ is not too far off the 20% increase that could be considered acceptable (legally speaking).
Hello Bastien, do you know if it is possible to report an illegal sublet, and how?
A friend of mine moved to Berlin a couple of months ago and she is paying an overpriced rent for her small apartment, she knows the person who rents it is subletting without the landlord knowing because she was asked to pretend they are cousins, if anyone asks.
Also, do you know if she can automatically become the new tenant in case the landlord ends the contract with person renting, or if she will be evicted? Would she have to pay fines because she accepted a probable illegal sublet?
This is what worries her and prevents her from reporting it.
Hey Lara. Sorry to hear about this. It’s up to the owner to decide who becomes the new tenant if the current one is to be evicted. If the main tenant’s contract ends because it was illegal, then so is the subtenant’s too. However, this source states that since it’s putting the subtenant at risk, the subtenant can actually claim damages in theory, to the main tenant (because the subtenant has to find a new accomodation). It was the main tenant’s responsibility to gather landlord permission, the subtenant cannot be held liable for that. Hope this helps.
Hey Bastien,
Great article.
I have some question, so in our contract say we can do sublent only with permission from landlord, but knowing our landlord they dont like to approve sublent. So we plan to say to them that new tenant is my “partner” and that i move for some time back to homeland. After few monts we would say that we brake up but new tenant want to keep the flat. Does he have right to keep the flat but without my name on contract? Or is there a period of time that new tenant need to live in the flat so the landlord cant kick him out? And is it illegal to charge new tenant more then actual rent is?
Hey Neven. Yes, you cannot charge more your subtenant than the rent currently is. If you move out but your subtenant wants to stay, it’s up to the landlord to decide if they can stay and take over your contract as a main tenant. Source & more info there.
Hi Bastien,
Thanks for the article.
Is there any monetary fine that the landlord can charge for un-agreed subletting?
I’m in a situation where I need to end my rental contract before the minimum period for personal reasons. I asked my landlord for early termination with the condition that I find a new tenant for them but they refused. So the only remedy for the remaining period (4months) is subletting.
In my contract, it says that subletting can be allowed for extra sum of rent, but I find it unreasonable to pay extra when I don’t make any profit from it. (most likely, I need to rent it cheaper than the price I’m paying).
The contract also states that if the tenants sublets without permission, the contract may be terminated (which is actually the ideal outcome) but doesn’t mention any fine or penalty.
So hypothetically, If I rent it out without permission and let them know that, what is the potential risk? Provided that the sub-letter does not cause any problems.
Hey Malraux. This source also doesn’t mention any Strafe, only an immediate termination. Also; that clause that asks for extra rent in case of Untermiete, that might not be legal. As a main tenant, you for example not allowed to ask for more money that you pay yourself.
Hello Bastien,
My friend was subleasing a university room from a girl this semester. She wrote up a contract which he signed upon moving in. After living there for 2 months, he left 6 weeks before the contract terminated as his exams finished and he returned back to his home country. The girl and him agreed (on WhatsApp) that she could keep the deposit and then he wouldn’t have to pay the upcoming rent for February and March. When she went to check out the apartment she noticed her mirror was broke and some utensils were missing. She is now asking for both months rent and he is worried that he also won’t get his deposit back as he doesn’t have her details. She is threatening to press charges now but if they mutually agreed to keeping the deposit and then not having to pay two months rent, is this still okay? He is just worried that he won’t see any of his deposit again incase she disappears. Also because he is subleasing, does this mean that the contract between them both is valid? As he isn’t technically the official tenant. The prices that she drafted out are severely over-exaggerated as the room was left in a clean state.
Hey Alex. My opinion doesn’t represent legal advice but I would simply refer to the contract between the 2 parties and to examine what was written about this. The point of a deposit is to cover such damages cases and your friend should have checked the place before agreeing to anything else regarding it. She is the main tenant, he is the subtenant, it’s a valid contract/relationship and as such both parties have rights & obligations to respect.
Hello
I am a subletter and have given a 2 month notice to my tenant that I would leave.. however we have always verbally said that the notice should be 3 months in advance.. I am afraid that with this argument he would keep my deposit, so have I any chance to get it back? If so how please?
Thank you
Shab
Hey Shab. Whatever was stated in your contract holds. What does it say?
Hey Bastien,
This is very informative!
Can you also write the terms for the main tenant when he doesn’t live in the house?
I sub-rent from the main renter. He sublets the rooms but does not live here himself. However, he comes over a lot to cook/ take a shower, etc. and he never gives a notice in advance. Is it legal for him to do so?
Hey George. If I am to trust this source, the main tenant does not have a right to access the rooms where he doesn’t live, unless you can give them authorization to do so.
Hey, I am a subtenant and wish to sublet my room and have the permision from the main tenant. Is it legally a problem if I dont deregister myself and end the contract or will I need to end the contract for that period and make it again if I want to rent the place again after returning?
Hey KTK, if you are leaving your room for the holidays or generally a short period of time, it’s not an issue. If you take residence somewhere else in Germany for a long period of time, you need to do the Ummeldung yes.
Hey Bastien,
I rent a room in a shared flat. I am an international student and will leave Germany for several months to study online during the pandemic. Am I still considered a resident of the house if I sublet my room and someone else lives there while I am gone? Would I have to deregister my address with the municipal authorities?
Hey Jesus. As the main tenant, you could still be registered there, as long as the landlord is aware of the sublet and allows it. You don’t to unregister if you sublet your flat.
Hey Bastien,
I am an international student thinking about subletting my room in a flat to a friend, since I will likely not be back in Germany for several months (due to the pandemic and availability of online classes). If I sublet my room, will I still be considered a tenant/resident at the address nevertheless? This won’t cause any issues with my university or the correspondence I would need to receive in Germany?
Hi Bastien,
thanks for the article, it’s informative.
I have one more question and hoping that you have the answer for that, I am moving to Germany on Jan 21st and planning to take a room on sublease, will I be able to get the anmeldung done based the sublet contract? I am moving to Germany for higher studies and I need the anmeldung to get the money out from my blocked account as soon as I come there. any information on this will be really helpful.
Thanks
Hey Ganesha. Yes, this is totally possible, as long as the landlord is aware of the sublease. More details in this post.
Hey Bastien,
Thanks for the article.
Can the lease given by main tenant can be count as legal lease in eye of law?
I am getting sublease apartment which i have to keep as proof for my wife visa
Hey Sohil. In Germany, a sublease is completely legal and valid in the eyes of the law yes.
Adding on to this… if a tenant has sublet their apartment, and you do have a contract with them, but the Hausverwaltung does not know about it and would forbid it, is the contract still binding?
I am in a situation where I sublet, but the tenant has said if anyone asks, she still lives there and we are roommates, not that she is in another country or that I live there alone. She has been subletting the place like this for years. I want to leave (I have a new lease in another town), but I can’t give her 3 months notice, and I wish to avoid legal trouble. Can she come after me, if it’s an illegal sublet?
Hey Chloe. A sublet without the approval of the landlord is not permitted. It gives the possibility to the landlord to end the contract of the main tenant, as it’s breaching contract. (Source). The same source states that since it’s putting the subtenant at risk, the subtenant can actually claim damages in theory, to the main tenant (because the subtenant has to find a new accomodation). Hope this helps and good luck.
HI Bastien,
I have a small follow up question, really hope you are still active here 😉
Are there any other known penalties for an unapproved sublet?
We have reached out to the Hausveranwaltung a couple of times but they never replied, not even to forbid the sublet. The situation got difficult and we had no choice but to go through with the sublet, but I would like to know if there are any risks other than termination.
Best regards!
Hey H. Yup. Still active. Are you talking about fines now or something? That’s unheard of.