Once you have arrived in Germany, you will need a place to live. No question. It will be cheapest to share a room in an apartment by becoming a subtenant. When you rent an apartment, you will need to know a lot of rules. This article is to brief you on what you ought to know for general orientation.
First thing is to find such offer. University students post their empty rooms on the blackboards on campus. Another possibility will be with classifieds in local magazines. After visiting and testing many possibilities, you finally found something suitable and affordable. Good work!
Landlord permission
From the legal perspective, you will have another landlord and tenant relationship – just like your subletter (the one having the contract with the owner). The next thing that you ought to consider is if the friendly person subletting to you may do so. Generally, it can be possible but typically all rental contracts in Germany prohibit this. Your subletter will have to have permission from his landlord (= owner of the building / condominium) in writing. And what if he doesn’t? When he does not pay the landlord, you can be suddenly and unexpectedly confronted with a court’s bailiff wanting to throw you out of your room.
Deposit
The subletter may only demand a maximum deposit equaling three months’ rent of net rental payment (i.e. excluding utilities). Moreover, you have the right to pay this deposit in three installments, with the first one due at the signing of the contract. Be aware that your landlord is obligated to keep this money separated from his own assets. If you so wish you can ask him to prove he is saving your deposit separately from his own assets.
Contract termination
My sub decided to move out. What becomes of my contract? You will have to take over the contract otherwise you have to leave. To take over the contract is a matter of negotiating with your landlord. It is quite likely that it will work – the owner will not have any vacancies. If any arrears exist, then you will be expected to take them over, too. To have them refunded, if possible, will be your problem. Also remember, that the landlord has an interest in keeping his apartment rented.
When you vacate your apartment, you will receive the deposit back with interest – if the apartment is in good shape.
This content has been written by our good friends at Legal Guide to Germany. If you want more assistance on common legal cases or simply understand German law, this is your go-to ressource.
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.